THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JOHNNIE SMALL DEFENDANT APPELLANT (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHNNIE E. SMALL, DEFENDANT–APPELLANT.

KA 12–00588

Decided: June 13, 2014

PRESENT: SCUDDER, P.J., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

KEVIN J. BAUER, ALBANY, FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. SMALL OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

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 AD3d 1358, lv denied 22 NY3d 1141), 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, lv denied 79 N.Y.2d 1055). 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.

Frances E. Cafarell

Clerk of the Court

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