People v Booth, 2024 NY Slip Op 06354 [233 AD3d 889]

December 18, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Frank S. Booth, Appellant.

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.

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 3 1/2 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 [1982]). Duffy, J.P., Miller, Dowling and Hom, JJ., concur..