People v. Mitchetti

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J), rendered June 10, 2003, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree.

Defendant was indicted for grand larceny in the third degree for allegedly stealing in excess of $3,000 of merchandise, including numerous computers and DVD players, from a Wal-Mart in the Town of Thompson, Sullivan County. A deal was negotiated in which defendant pleaded guilty to the charged crime and waived his right to appeal in exchange for a sentence of 2V2 to 5 years. During the allocution,…