How Many Years Can You Get for Second-Degree Grand Larceny in New York?
In five completed New York City second-degree grand larceny cases reviewed for this guide, observed indeterminate prison terms ranged from 1.5 to 4.5 years to 4 to 8 years. These selected outcomes involve different losses, histories, and related proceedings and are not a citywide average.
Quick Answer
- Cases reviewed: 5 completed cases
- Lowest observed term: 1.5 to 4.5 years
- Highest observed term: 4 to 8 years
- Locations: Brooklyn and Queens
- Classification: Class C felony
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What Is Second-Degree Grand Larceny?
New York Penal Law §155.40 defines several routes to second-degree grand larceny, including theft of property valued above $50,000 and specified forms of extortion. It is a class C felony. The applicable subsection must be determined from the conviction and facts, not merely the phrase “grand larceny.”
Statutory Sentence
Under New York Penal Law §70.00, the maximum term for a class C felony indeterminate sentence generally cannot exceed 15 years. Criminal history and other sentencing provisions can alter the framework. That statutory ceiling is distinct from the observed outcomes below.
Observed Case Outcomes
| Case | Conduct | Conviction | Sentence |
|---|---|---|---|
| Yohan Choi | Withheld settlement money from more than 50 clients in Queens | Second-degree grand larceny, guilty plea | 1.5 to 4.5 years |
| Stephen Mitchell | Stole a Brooklyn real-estate down payment | One count of second-degree grand larceny, trial conviction | 2 to 6 years, consecutive to an earlier sentence |
| Joseph Casertano | Defrauded investors of approximately $440,000 | Second-degree grand larceny, guilty plea | 3 to 6 years |
| Marcus Wilcher | Stole an East Elmhurst home through deed fraud | Second-degree grand larceny, guilty plea | 3 to 9 years, concurrent with a related Attorney General case |
| Luis Mercado | Stole approximately $100,000 from a Coney Island restaurant | Second-degree grand larceny and bail jumping, guilty plea | 4 to 8 years on grand larceny; concurrent 1.5 to 3 years on bail jumping |
Case Details
Yohan Choi: The Queens District Attorney reported that Choi pleaded guilty after taking nearly $2 million in client settlement funds. He received one and a half to four and a half years in prison and signed confessions of judgment for restitution. Official source.
Stephen Mitchell: A Brooklyn jury convicted Mitchell of one count after he misappropriated a $70,000 real-estate down payment. The two-to-six-year term was ordered consecutive to an earlier sentence, a material fact retained here. Official source.
Joseph Casertano: Casertano pleaded guilty to second-degree grand larceny for an investment scheme involving 22 victims and received three to six years. Official source.
Marcus Wilcher: Wilcher pleaded guilty in a deed-theft case involving an elderly East Elmhurst homeowner. His three-to-nine-year term ran concurrently with a sentence in a similar Attorney General case. Official source.
Luis Mercado: Mercado pleaded guilty after approximately $100,000 was taken from a Coney Island restaurant safe. The court imposed four to eight years for grand larceny and a concurrent one-and-a-half-to-three-year bail-jumping term. Official source.
Why Outcomes Differ
Loss amount, number and vulnerability of victims, prior record, restitution, plea terms, trial outcome, and concurrent or consecutive sentencing can affect the result. The observed endpoints preserve both parts of each indeterminate term.
Methodology
We searched official district-attorney sources across all five New York City boroughs. Only completed New York City cases explicitly identifying second-degree grand larceny and a final sentence were retained. Mixed-degree larceny totals without an allocated sentence were excluded.
Sources
Disclaimer
General information only, not legal advice. A sentence depends on the conviction, criminal history, plea, restitution, and case-specific facts.