Opinion
2014-06-13
The PEOPLE of the State of New York, Respondent, v. Johnnie E. SMALL, Defendant–Appellant.
Kevin J. Bauer, Albany, for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of Counsel), for Respondent.
Kevin J. Bauer, Albany, for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., FAHEY, CARNI, VALENTINO, and WHALEN, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him after a jury trial of grand larceny in the fourth degree (Penal Law § 155.30[1] ). Defendant raises contentions identical to those raised by his codefendent on his appeal ( People v. Robinson, 111 A.D.3d 1358, 975 N.Y.S.2d 830,lv. denied22 N.Y.3d 1141, 983 N.Y.S.2d 499, 6 N.E.3d 618), and “defendant has failed to offer any persuasive reason for this [C]ourt to depart from its prior determination[s] of [those] issue[s]” ( People v. Thomas, 177 A.D.2d 728, 728, 576 N.Y.S.2d 610,lv. denied79 N.Y.2d 1055, 584 N.Y.S.2d 1023, 596 N.E.2d 421). We therefore affirm the judgment for the reasons stated in our decision in Robinson, and add only that defendant's sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.