JOHNSTOWN -- A man who assaulted his 7-day-old son in September, fracturing the infant's skull, was sentenced Monday to eight years in state prison.
In imposing the sentence on Andrew Allen, set as part of an April plea agreement, Judge Polly Hoye noted the long-term effects of the attack on the child could not be predicted.
"This child is so young that we won't know for years, potentially, whether the injuries will have permanent effects," Hoye told Allen at sentencing. "Brain injuries are an unknown thing."
He was accused of punching the infant in the head during a fight with his wife. The baby was taken to Nathan Littauer Hospital before being airlifted to Albany Medical Center for further treatment.
The child is now 9 months old and remains in foster care; Fulton County District Attorney Chad Brown indicated the infant is doing better.
Allen, represented by attorney Kyle Davies, did not give a statement in court Monday.
The judge, however, noted information that indicated Allen was intoxicated at the time of the assault and may not recall exactly what happened.
Nonetheless, Brown indicated the facts of the case and the injuries involved made it "most definitely" a reckless act.
Hoye said she agreed with the district attorney -- that Allen didn't intend to hurt the child.
"But obviously your actions, fueled by alcohol, caused these terrible injuries, and the sentence is appropriate for the seriousness of the conduct."