Appellate division affirms conviction


ALBANY — The state Appellate Division on Thursday affirmed the 13-year prison sentence of Gloversville man accused of severely assaulting a woman with a frying pan during a home invasion three years ago.

Elijah P. Brown, 26, formerly of 13 N. Water St. — a current inmate at the state’s Southport Correctional Facility in Pine City — appealed his sentence to the Appellate Division of state Supreme Court. He felt 13 years was too long.

His earliest release date is 2026, and the latest was listed by state as 2028.

Rural Law Center of New York attorney Cynthia Feathers defended Brown in his appeal, while Fulton County Assistant District Attorney William Berger was the respondent.

Brown was indicted Nov. 10, 2015 by a Fulton County grand jury on charges of: second-degree attempted murder, first-degree burglary that causes physical injury, first-degree burglary with the use of a dangerous instrument, first-degree assault and criminal possession of a weapon, all felonies.

Gloversville police said aid Brown entered a 60 Spring St. residence July 7, 2015, and severely assaulted a female with a frying pan during a home invasion. Brown fled the area.

Police said evidence collected at the scene later linked Brown to the attack. There was no prior relationship between the two. The victim suffered lacerations, facial fractures and loss of teeth, according to the indictment against Brown. The victim, who survived, underwent surgery after the attack.

Brown’s appeal was from a judgment by Fulton County Court and Judge Polly A. Hoye on Sept. 30, 2016 convicting the defendant of first-degree attempted assault. He pleaded to the reduced charge in exchange for a prison term of 13 years followed by five years of post-release supervision. He was sentenced as a second violent felony offender.

Appellate judges stated in Thursday’s brief decision: “Given defendant’s criminal history and the circumstances surrounding the crime of conviction, which involved defendant striking the victim in the head with a frying pan, we find no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice … Accordingly, the judgment of conviction is affirmed.”

Michael Anich covers Johnstown and Fulton County news. He can be reached at [email protected]

By Kerry Minor

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