Legal Question in Criminal Law in New York

Re: Grand Larceny in the 2nd Degree

In New York State the sentencing guidelines are separated between 1st time Felons and Predicate Felons. As you�ve probably guessed, Predicate Felons are those who have been convicted of a felony in the past. One can have a criminal record without being a Predicate Felon (PF) as long as your previous convictions were only misdemeanors or violations. You can be a PF even if your prior felony was in another state.

It seems that your son is NOT a PF. I can tell than because you have said that the sentence will be 3 1/2 to 10-1/2 years. This is called an �Indeterminate Sentence�. It means that there is a range of time � minimum & maximum to which your son will be sentenced. No one can tell you today the exact amount of time your son will be in jail. If there are no problems in jail, he�ll get the minimum (or better), but the maximum is always a possibility. A predicate felon has his minimum time set at exactly 1/2 the amount of time of his maximum time. The minimum time is only about 1/3 of the max for a non-PF.

Your question was how much time can you get for Grand Larceny in the 2nd Degree (GL2). GL2 is a Class C Felony in New York. The highest felony is an A and the lowest is an E. C is obviously pretty serious. GL2 applies when the amount taken is more than $50K in value; the taking caused someone or something to be injured/damaged; or through extortion or the abuse of a public position. The maximum a person can serve in jail on a (non-violent) C felony in NY is 15 years, so your son escaped the worst possible scenario on that plea.

There is a good deal of leeway regarding the minimum on a C felony sentence. The 3-� minimum sounds about right if there was an active rap sheet before this happened. Also, the DA considers that circumstances surrounding the crime. But the maximum will always be 3 times the minimum amount for a non-PF.

While it is impossible to give good and accurate legal advice with out a thorough review of a case, I hope that this basic overview of the rules helps answer your question. If you�d like to discuss this further, please contact my office to set up an appointment.

Good luck to you and your son.

Tanya Robinson

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