People v Booker (Ollie)

[*1] People v Booker (Ollie) 2010 NY Slip Op 50754(U) [27 Misc 3d 135(A)] Decided on April 21, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 21, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : TANENBAUM, J.P., MOLIA and IANNACCI, JJ
2009-1718 S CR.

The People of the State of New York, Respondent,

against

Ollie J. Booker, Appellant.

Appeal from three judgments of the District Court of Suffolk County, First District (Paul M. Hensley, J.), rendered August 4, 2009. The judgments convicted defendant, upon his pleas of guilty, of three charges of petit larceny and imposed two consecutive sentences, and one concurrent sentence, of one year of incarceration.

ORDERED that the judgments of conviction are affirmed.

Defendant pleaded guilty to three charges of petit larceny (Penal Law § 155.25), and received two consecutive sentences, and one concurrent sentence, of one year of incarceration. His only claim on appeal is that the sentences are excessive. Contrary to defendant's argument, the record indicates that the District Court properly imposed these sentences in an attempt to deter defendant from further criminal activity. In light of all the circumstances, including defendant's extensive criminal history, we decline to reduce the sentences. Accordingly, the judgments of conviction are affirmed.

Tanenbaum, J.P., Molia and Iannacci, JJ., concur.
Decision Date: April 21, 2010