| People v McGarry |
| 2025 NY Slip Op 05103 [241 AD3d 1589] |
| September 24, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Bryan C. McGarry, Appellant. |
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.
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 [1982]). Duffy, J.P., Chambers, Ford, Taylor and McCormack, JJ., concur.