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People v. Birch

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 2008
56 A.D.3d 808 (N.Y. App. Div. 2008)

Opinion

No. 101169.

November 6, 2008.

Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered April 10, 2007, convicting defendant upon her plea of guilty of the crime of grand larceny in the second degree.

Arlene Levinson, Public Defender, Hudson (Jessica Howser of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Hannah Stith Long of counsel), for respondent.

Before: Spain, J.P., Carpinello, Rose, Malone Jr. and Kavanagh, JJ.


Admitting that she defrauded a trust for which she was the trustee, defendant waived indictment and pleaded guilty to a superior court information charging her with grand larceny in the second degree. County Court thereafter sentenced defendant to a prison term of 2 to 6 years, to run consecutively to a prison sentence that she was already serving for unrelated grand larceny and insurance fraud convictions, and ordered her to pay restitution in the stipulated amount of $195,714.50.

Defendant's sole argument on this appeal is that the sentence imposed was harsh and excessive. We disagree, noting that our review of the record reveals neither an abuse of discretion by County Court nor the existence of extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v Favor, 49 AD3d 915, 916). Accordingly, the judgment is affirmed.

Ordered that the judgment is affirmed.


Summaries of

People v. Birch

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 2008
56 A.D.3d 808 (N.Y. App. Div. 2008)
Case details for

People v. Birch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARY BIRCH, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 6, 2008

Citations

56 A.D.3d 808 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8357
865 N.Y.S.2d 925

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