The mother of Nixzmary Brown will see her 43-year sentence reduced by seven years today after an appeals court threw out one of her assault convictions.
Nixzaliz Santiago was convicted in 2008 in Brooklyn Supreme Court of manslaughter, unlawful imprisonment, child endangerment and two counts of felony assault stemming from the 2006 beating and torture of her 7-year-old daughter Nixzmary Brown.
Nixzmary’s horrific death at the hands of her mother and stepfather Cesar Rodriguez led to an overhaul of the city’s Administration for Children’s Services.
Santiago appealed her conviction and the decision of Brooklyn Supreme Court Justice Patricia DiMango to run most of the sentences consecutively, giving Santiago a term of 40â…“ – 43 years in prison – a longer term than the 29 years Rodriguez got despite him striking the fatal blow.
The Appellate Division had no problem with the consecutive sentences and found plenty of evidence to support the manslaughter conviction and one of the assault raps.
But the panel tossed one of the assault convictions, saying the acts described in the conviction do not match the charges in the indictment, according to the Aug. 23 decision.
Santiago was found guilty of injuring Nixzmary by tying her to a chair with a bungee cord, but the indictment charged Santiago with causing injury with a ruler.
The appeals court threw out that conviction and quashed the accompanying seven-year stretch, leaving Santiago to serve 33â…“ to 36 years.
The Brooklyn DA’s office declined to comment. Santiago’s appeals lawyer did not return a call for comment.