PEOPLE v. MCGARRY (2025)

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

The PEOPLE, etc., respondent, v. Bryan C. MCGARRY, appellant

2023-10630

Decided: September 24, 2025

COLLEEN D. DUFFY, J.P., CHERYL E. CHAMBERS, WILLIAM G. FORD, JANICE A. TAYLOR, JAMES P. MCCORMACK, JJ.

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 A.D.2d 80, 455 N.Y.S.2d 675).

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

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