People v Booth
2024 NY Slip Op 06354
Decided on December 18, 2024
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 18, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
PHILLIP HOM, JJ.

2023-03040
2023-05189

[*1]The People of the State of New York, respondent,

v

Frank S. Booth, appellant. (S.C.I. Nos. 54/22, 55/22)




Margaret M. Walker, Poughkeepsie, NY (Jennifer Burton of counsel), for appellant.

Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.



DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Dutchess County (Jessica Z. Segal, J.), both rendered February 27, 2023, convicting him of burglary in the third degree under Superior Court Information No. 54/22, and grand larceny in the third degree under Superior Court Information No. 55/22, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant was convicted of burglary in the third degree under Superior Court Information No. 54/22, and grand larceny in the third degree under Superior Court Information No. 55/22, upon his pleas of guilty, and was sentenced as a second felony offender to indeterminate terms of imprisonment of 3½ to 7 years on both convictions, with the sentence imposed on the conviction under Superior Court Information No. 55/22 to run consecutively to the sentence imposed on the conviction under Superior Court Information No. 54/22.

Contrary to the defendant's contention, the sentences imposed were not harsh or excessive (see People v Suitte , 90 AD2d 80, 84-89).

DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court