JOHNSTOWN — A Gloversville man accused of assaulting a two-month-old accepted a plea agreement in Fulton County Court last week.
Marcus E. Ralbovsky, 29, of 5 Alexander St., pleaded guilty to first-degree reckless endangerment, a class D felony, before Fulton County Court Judge Polly A. Hoye on July 10.
Ralbovsky was originally charged with second-degree assault by Gloversville police on Oct. 4 in connection with the Sept. 27 incident when detectives say he struck the male infant in the head, causing a skull fracture.
Police reported in October that the infant was hospitalized at Albany Medical Center and later released.
Fulton County District Attorney Chad Brown said Monday that according to the most recent update the child had no serious protracted injuries as a result of the incident.
Brown said the plea arrangement was reached following a conference between Hoye, Fulton County Assistant District Attorney Christopher Stanyon as prosecutor and Ralbovsky’s attorney.
“They reached what I believe will be a fair resolution based on the facts as we know them,” Brown said Monday.
As part of the plea agreement, a split sentence has been recommended by the district attorney’s office seeking a six month jail sentence, five years post release supervision and an order of protection for the child.
Brown noted that the judge would make the final sentencing determination after reviewing the case file and would decide if the order of protection would be to “stay away” or “refrain.”
A stay away order prohibits any contact between an individual and victim. A refrain order allows contact between subjects, but prohibits abusive or threatening behavior towards the protected individual according to the state Unified Court System website.
When asked about sentencing guidelines surrounding the charge Ralbovsky pleaded to, Brown said the minimum sentence would involve a fine and no jail time, while the maximum sentence would carry up to seven years in prison. Brown said he could not comment on Ralbovsky’s record, noting such information would only be discussed if relevant to the crime.
Ralbovsky is scheduled to appear in Fulton County Court for sentencing on Aug. 3 at 9:30 a.m.
Officers from the Gloversville Detective Division were advised of the incident following a report regarding the injured child made to the New York State Child Abuse Hotline.
The report stated that the infant was hospitalized at Albany Medical Center after suffering a fractured skull.
Detectives investigated the circumstances surrounding the manner in which the child sustained the fractured skull, in conjunction with the Fulton County Department of Social Services child protective services, learned that members of the Gloversville Police Patrol Division responded to a domestic violence incident at Ralbovsky’s address on Sept. 27, around 2:30 a.m.
Officers determined through interviews that Ralbovsky struck the infant in the head causing the skull fracture during the domestic violence incident and that individuals involved in the incident failed to report the injury to police.
Social media posts obtained by The Leader-Herald put the baby’s age at 2 months old at the time. Information regarding the child’s name and relationship to Ralbovsky has not been released to protect the victim’s identity.
Ralbovsky was arraigned before Gloversville City Court Judge Traci DiMezza, and he was remanded to the Fulton County Jail on $50,000 cash bail or $100,000 bond. Brown noted that Ralbovsky was released after posting bail, but he did not have the date of release available.
