ALBANY – An Amsterdam man serving a 42-month prison term for attempted burglary will not have his sentence reduced after a state appeals court determined it was reasonable.
Hesoid S. White, of 150 Woodrow Road, pleaded guilty last year in a plea arrangement after he was charged with burglary for unlocking the home of a woman who was sleeping and taking items. He was witnessed by a neighbor who called police.
He was sentenced last April by Montgomery County Court Judge Felix J. Catena to three-and-a-half years in prison and three years of post-release supervision. But he appealed to the Third Judicial Department of the state Appellate Division, saying the court did not advise him that he’d waived his right to appeal.
In their decision published Jan. 28, the panel said even if White wasn’t fully advised of his rights to appeal, the sentence was neither harsh nor excessive.
“It was significantly less than he could have received if convicted after trial. In addition, his criminal record reveals that this is his fourth criminal conviction in as many years. Consequently, we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence,” the judges wrote.
White is serving his sentence at the Greene Correctional Facility in Coxsackie, according to state records. He is eligible for parole in August.
Assistant District Attorney William Mycek represented the county. Albany attorney Keeley Maloney represented White.