PEOPLE v. MITCHETTI


13 A.D.3d 673 (2004)

785 N.Y.S.2d 606

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COSMO MITCHETTI, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 2, 2004.


Lahtinen, J.

Defendant was indicted for grand larceny in the third degree for allegedly stealing in excess of $3,000 of merchandise, including numerous computers and DVD players, from a Wal-Mart in the Town of Thompson, Sullivan County. A deal was negotiated in which defendant pleaded guilty to the charged crime and waived his right to appeal in exchange for a sentence of 2½ to 5 years. During the allocution, defendant stated that his criminal conduct was driven...

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