People v. McGarry

People v McGarry (2025 NY Slip Op 05103)

People v McGarry

2025 NY Slip Op 05103

Decided on September 24, 2025

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 24, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
CHERYL E. CHAMBERS
WILLIAM G. FORD
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.
2023-10630

Margaret M. Walker, Poughkeepsie, NY (Jennifer Burton of counsel), for appellant.

Emmanuel C. Nneji, District Attorney, Kingston, NY (Joan Gudesblatt Lamb of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from an amended sentence of the County Court, Dutchess County (Jessica Segal, J.), imposed October 19, 2023, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of rape in the second degree, on the ground that the amended sentence was excessive.

ORDERED that the amended sentence is affirmed.

The amended sentence imposed was not excessive (see People v Suitte , 90 AD2d 80).

DUFFY, J.P., CHAMBERS, FORD, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court