QUEENSBURY -- The former Glens Falls woman convicted of manslaughter for allowing her boyfriend to beat her young son to death was in Warren County Court to be resentenced Wednesday.
But instead of finding out whether her sentence in the October 2007 death of Colbi Bullock would be shortened, Alicia C. Lewie opted to put the proceeding off for several weeks.
Lewie was in court for resentencing because the state Court of Appeals overturned a felony reckless endangerment conviction in her case for evidentiary reasons.
The court upheld a second-degree manslaughter conviction in the case, but since one of the two felonies had been dismissed, Judge John Hall was directed to impose sentence again.
But Lewie's lawyer, Michael Keenan, asked Wednesday that an updated presentence report be done before Hall imposes a new sentence.
The Warren County District Attorney's Office was prepared to go forward without an updated report, and Hall said he did not see the need for one since Lewie has been in prison since the first presentence report.
But after discussing the matter with Lewie, who will get another day out of prison to be transported across the state for a rescheduled sentencing, he asked that the proceeding be adjourned for a new report.
"There are some things she's done in prison that might reflect favorably," Keenan said.
In 2008, Hall sentenced her to 5 to 15 years in state prison, a sentence that he could impose again on the manslaughter count alone. He had pointed out before Wednesday's court appearance that a mid-level appeals court had previously ruled the 5- to 15-year term was not unduly harsh or excessive.
Appearing slimmer than her last court appearance, Lewie seemed near tears as she glanced at family members while she was escorted from court.
After she left County Court, Lewie was taken to Warren County Family Court for arguments over the custody of another child.
She is being held in Albion Correctional Facility in western New York. No new date was set for sentencing.
Lewie, 26, was found guilty of failing to safeguard her 7-month-old son, Colbi Bullock, in the days before his death at the hands of her boyfriend, Michael Flint.
Flint pleaded guilty to second-degree murder and is serving a 22-years-to-life term in state prison.
Lewie would be eligible for parole in May 2013 if Hall imposes another 5- to 15-year prison sentence.