The Appellate Division reduced the sentence of a teenage boy convicted in 2014 of killing a toddler in Erie County.
Dylan Schumaker was 17 when her was convicted of killing his girlfriend’s 23-month-old son.
State Supreme Court Justice M. William Boller sentenced Schumaker to 25 years to life in prison. In the decision released Thursday, the Appellate justices reduced the sentence to 18 years to life.
The Appellate Division denied defense claims that: The evidence was insufficient to show intention; the court erred in denying an objection to the prosecution’s peremptory challenge to exclude two prospective jurors; and Schumaker was denied effective counsel.
The toddler died after being being beaten, of and on, for several hours by Schumaker.
Still, the Appellate Division agreed with the defense that the sentence was “unduly harsh and severe in light of defendant’s youth and lack of parental guidance, his lack of prior criminal convictions, and his mental health issues.”