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Appellate Court Upholds Sentence for Mamakating Residential Home Invasion Burglar

June 22, 2012

Sullivan County District Attorney Jim Farrell announced today that the Supreme Court, Appellate Division, has upheld the sentence of convicted burglar, Derrick Brown, 18, of Middletown, N.Y.

Brown was convicted of Burglary in the 2nd Degree, Grand Larceny in the 4th Degree, Criminal Possession of Stolen Property in the 4th Degree, Conspiracy in the 4th Degree, Attempted Petit Larceny and Unlawful Possession of Marihuana in Sullivan County Court on June 13, 2011.

Brown illegally entering a home on Bronner Road in Mamakating and stole over one thousand dollars worth of valuables including the owner’s wallet, credit cards, jewelry and United States Currency.

The owner of the home was inside at the time and called 911 when Brown and co-defendant, Joshua Crump, unlawfully and illegally entered. Troopers from the Mamakating barracks responded immediately and within a few minutes arrived on the scene of the burglary and apprehended both men fleeing the home.

Brown received a 12 year state prison sentence for the burglary and an additional 1 1/3 to 4 years, consecutive, on the conspiracy charge. Brown appealed that sentence to the appellate court arguing it was excessive and, today, the Appellate Division rejected that argument and affirmed the sentence.

In commenting on the Court’s rejection of the excessive sentencing argument, Farrell said, “We are pleased that the Appellate Division agreed with our position that the sentence my office recommended was appropriate and just. This defendant invaded the sanctity of an occupied home and the victim impact statement expressed the fear and panic the homeowner experienced when confronted with strangers in her home. A burglar takes far more that just valuables, which can be replaced. A burglar steals the feelings of safety and security that we all should have in our homes and that may never be replaced. We will continue to make the prosecution of home burglars a top priority in Sullivan County.”