PEOPLE v. STOLL (2025)

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

The PEOPLE, etc., respondent, v. Charles L. STOLL, appellant.

2024-03578

Decided: March 19, 2025

BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, JANICE A. TAYLOR, LOURDES M. VENTURA, JJ.

Steven N. Feinman, White Plains, NY, for appellant. Robert V. Tendy, District Attorney, Carmel, NY, for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Putnam County (Joseph J. Spofford, Jr.), rendered May 7, 2024, convicting him of burglary in the third degree, grand larceny in the fourth degree, and possession of burglar's tools, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

In light of the defendant's extensive criminal record, which involves felony convictions, the County Court providently exercised its discretion in denying the defendant's application to participate in a judicial diversion program (see People v. O'Keefe, 112 A.D.3d 524, 976 N.Y.S.2d 663; People v. Powell, 110 A.D.3d 1383, 973 N.Y.S.2d 870; People v. Williams, 105 A.D.3d 1428, 963 N.Y.S.2d 899).

BARROS, J.P., BRATHWAITE NELSON, TAYLOR and VENTURA, JJ., concur.

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