PEOPLE v. KELLY

110914.

202 A.D.3d 1158 (2022)

160 N.Y.S.3d 486

2022 NY Slip Op 00695

The People of the State of New York, Respondent, v. Stephen Kelly, Appellant.

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

Decided February 3, 2022.


Attorney(s) appearing for the Case

Stephen W. Herrick, Public Defender, Albany (James A. Bartosik Jr. of counsel), for respondent.

P. David Soares, District Attorney, Albany (Jonathan P. Catania of counsel), for respondent.

Egan Jr., J.P., Clark and Pritzker, JJ., concur.


Defendant pleaded guilty to one count of burglary in the third degree and, in July 2017, received a split sentence of six months in jail and five years of probation—subject to various terms and conditions, including that defendant refrain from committing any new offenses. The underlying charge stemmed from defendant cutting...

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