A New York woman who was accused of punching a 70-year-old Wal-Mart greeter in the face on Christmas Eve 2011 has been given a court-ordered one-year sentence.
Jacquetta Simmons was resentenced Monday under the state’s “Granny Law” after a state appellate court ruled earlier this month that her initial sentence of five years in state prison was harsh and excessive, The Daily News of Batavia reports. Simmons will serve one year in prison with credit for time already served.
"The sentence imposed by me previously is obviously the sentence I thought appropriate for this case," Judge Robert Noonan, who was not happy with the shorter term, said during Monday’s hearing. "The appellate division has the authority to modify the sentence and has done so."
Simmons was convicted Aug. 24, 2012, of second-degree assault for punching Wal-Mart cashier Grace Suozzi after she asked to see a shopping receipt as Simmons exited the store in Batavia, N.Y., on the morning of Dec. 24, 2011.
Prosecutors say Simmons punched Suozzi in the face, causing fractures and knocking her to the ground.
According to Reuters, New York’s Granny Law increases penalties for intentionally causing harm to someone older than 65 if the defendant is 10 or more years younger than the victim. Simmons’ attorney argued to the appellate court a five-year sentence is unheard of in the state for someone who has never been convicted of a Class D felony.
In 2013, 191 people were charged under the law in New York City compared with 129 arrested the year before, police said.