This is a Criminal case where the Court rendered a decision revoking a sentence of probation previously imposed by the County Court, Suffolk County, upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in the third degree.
A Suffolk County Grand larceny attorney said that in January 2001, the defendant was sentenced in the County Court, Suffolk County, upon his plea of guilty to grand larceny in the third degree, to a term of six months imprisonment and five years probation. The sentencing court acknowledged that the defendant was in custody and would receive credit for time served and, on appeal, the People acknowledge that the defendant was taken into custody on August 31, 2000.
Thereafter, in 2005, a declaration of delinquency was filed in the Supreme Court, Kings County, alleging that the defendant had violated a condition of his probation. During the violation of probation hearing, the defendant claimed that since he had served time in prison before pleading guilty and the term of probation ran concurrently with the term of imprisonment, the probationary period began to run in August 2000, the date he was taken into custody, and expired prior to the filing of the declaration of delinquency. The Department of Probation argued that the term of probation began to run from the date the sentence was imposed.
After the Supreme Court concluded that the declaration of delinquency was filed before the term of probation had expired and rejected the defendant’s claim, the defendant admitted that he had violated a condition of his probation.
The defendant’s period of probation began to run when the criminal defendant was incarcerated. Therefore, the defendant’s probationary period was completed in August 2005, before the declaration of delinquency was filed. Accordingly, the Court reversed the amended judgment revoking his probation and vacate the sentence imposed thereon.
In another Criminal action, defendant appealed the judgment of the County Court, Suffolk County, convicting him of grand larceny in the third degree (four counts) and scheme to defraud in the first degree, upon a jury verdict, and sentencing him to consecutive indeterminate terms of 1 to 3 years, 1 1/3 to 4 years, 1 2/3 to 5 years, and 2 to 6 years imprisonment, respectively, on each of his convictions of grand larceny in the third degree, and an indeterminate term of 2 to 6 years imprisonment on his conviction of scheme to defraud in the first degree, to run concurrently with the terms of imprisonment imposed on the convictions of grand larceny in the third degree.
A Suffolk County Grand larceny attorney said that the defendant contends on appeal that the jury verdict was not supported by legally sufficient evidence. This contention is unpreserved for appellate review as the defendant’s motion for a trial order of dismissal was general in nature. In any event, viewing the evidence in the light most favorable to the prosecution, the Court find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence.
As the People correctly concede, the sentence imposed for the conviction of scheme to defraud in the first degree was illegal. However, it is clear that the County Court intended to impose upon the defendant the maximum sentence, and we find that it would be appropriate to do so. Consequently, the judgment is modified to reflect the intention of the County Court.
The defendant’s contention that the imposition of consecutive sentences was illegal is without merit. Each of the grand larcenies committed by the defendant was a separate and distinct act committed against a separate victim.
Furthermore, given the circumstances of this case, the sentence imposed was not excessive.
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