FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: SEPTEMBER 20, 2018
The Appellate Division, Third Department has today unanimously affirmed the September, 2016 conviction of Christopher Sanchez upon his plea of guilty of the crime of aggravated harassment of an employee by an inmate in the first degree, a class E felony.
Defendant’s conviction stems from an incident which occurred on the morning of June 21, 2015 when he was incarcerated in the special housing unit in Wawarsing serving a sentence for attempted robbery in the first degree. At that time, while a female corrections officer was in the process of collecting the meal trays, defendant purposely threw urine at her.
The defendant, a prior felony offender, pled guilty to aggravated harassment of an employee by an inmate in the first degree and waived his right to appeal in exchange for the Court’s promise to sentence him to a two and one-half to five year State prison sentence to be served consecutively to the prison sentence he was then serving. At that time, County Court Judge Donald A. Williams also imposed a $5,000 fine, together with the mandatory fees and surcharges and issued an order of protection on the victim’s behalf.
On appeal, defendant claimed that both the agreed upon maximum term of imprisonment, as well as the maximum $5,000 fine were unduly harsh and excessive. While the Third Department found defendant’s challenge to the sentence was precluded by his valid waiver of appeal, it nonetheless concluded that the sentencing court did not abuse its discretion in imposing either the maximum sentence or fine.
On appeal, the defendant is represented by Jane M. Bloom, Esq. of Monticello, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.