SMALL, JOHNNIE E., PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [635] KA 12-00588 PRESENT: SCUDDER, P.J., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER JOHNNIE E. SMALL, DEFENDANT-APPELLANT. KEVIN J. BAUER, ALBANY, FOR DEFENDANT-APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. SMALL OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Erie County Court (James A.W. McLeod, A.J.), rendered September 6, 2011. The judgment convicted defendant, upon a jury verdict, of grand larceny in the fourth degree. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of grand larceny in the fourth degree (Penal Law § 155.30 [1]). Defendant raises contentions identical to those raised by his codefendent on his appeal (People v Robinson, 111 AD3d 1358 , lv denied 22 NY3d 1141 ), and “defendant has failed to offer any persuasive reason for this [C]ourt to depart from its prior determination[s] of [those] issue[s]” (People v Thomas, 177 AD2d 728, 728 , lv denied 79 NY2d 1055 ). We therefore affirm the judgment for the reasons stated in our decision in Robinson, and add only that defendant’s sentence is not unduly harsh or severe. Entered: June 13, 2014 Frances E. Cafarell Clerk of the Court