People v. Schwartz

Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered August 11, 2009, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant pleaded guilty to one count of assault in the second degree for causing injury to his four-year-old daughter. With the understanding that there would be a joint recommendation of six months in jail and five years of probation, defendant waived his right to appeal except as tó a sentence harsher than the joint recommendation. When the attorney for the child gave a brief victim impact statement…