Man who shot woman can't appeal sentence

A state appellate court concluded a Massena man convicted of shooting his girlfriend can't appeal his sentence.

Stephen D. Pump was convicted in January 2008 on a charge of second-degree criminal possession of a weapon and was given an eight-year prison sentence. The guilty plea satisfied attempted second-degree murder and first-degree assault charges. He is serving his prison term at Five Points Correctional Facility in Romulus, Seneca County.

He was accused of shooting Christina M. Wilson in the chest during a May 27, 2007, argument in her home. He claimed the shooting was an accident that took place while he played with a .22-caliber handgun.

The Appellate Division of state Supreme Court in Albany on Thursday ruled the "defendant validly waived his right to appeal. The record substantiates — through (St. Lawrence) County Court's admonitions and the written waiver of appeal — the knowing, intelligent and voluntary character of defendant's waiver."

Defense attorney Livingston L. Hatch, Plattsburgh, representing Mr. Pump, argued the payment of restitution was excessive. The midlevel court ruled the restitution totaling $19,884.85 was appropriate because it mostly covered Ms. Wilson's medical bills.

State penal law caps restitution at $15,000, but it allows for exceptions to exceed the amount including for medical expenses, the court ruling states.

Mr. Pump has a parole hearing scheduled for January 2014 and has a conditional release date of March 29, 2014, according to state corrections records.