

People v Fisher (2020 NY Slip Op 01669)





People v Fisher


2020 NY Slip Op 01669


Decided on March 12, 2020


Appellate Division, Third Department


Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.


This opinion is uncorrected and subject to revision before publication in the Official Reports.



Decided and Entered: March 12, 2020

109668 	109669

[*1]The People of the State of New York, Respondent,
vBrandon P. Fisher, Appellant.

Calendar Date: February 7, 2020

Before: Garry, P.J., Lynch, Clark, Aarons and Colangelo, JJ.


Martin J. McGuinness, Saratoga Springs, for appellant.
Karen A. Heggen, District Attorney, Ballston Spa (Gordon Eddy of counsel), for respondent.

Appeals (1) from a judgment of the County Court of Saratoga County (Murphy III, J.), rendered September 30, 2016, convicting defendant upon his plea of guilty of the crimes of assault in the first degree,assault in the second degree (three counts) and criminal possession of a weapon in the fourth degree, and (2) from a judgment of said court, rendered January 25, 2017, which resentenced defendant upon his conviction of one count of assault in the second degree.
On February 15, 2015, defendant, then 20 years old, was at home with his parents when he brutally assaulted his father with a baseball bat as he lay in bed, causing severe injuries, including fractures to his face and skull and the loss of an eye. Defendant also struck his mother as he exited the bedroom, causing injuries, including a fractured arm. Defendant fled and was later apprehended and charged in a four-count indictment with assault in the first degree, two counts of assault in