How Many Years Can You Get for Second-Degree Grand Larceny in New York?
The selected New York second-degree grand-larceny reports preserve individual indeterminate terms: Stephen Mitchell 2–6 years, Marcus Wilcher 3–9 years and Luis Mercado 4–8 years in three prosecutions with identified local property transactions or theft locations. Yohan Choi’s 1½–4½ years and Joseph Casertano’s 3–6 years remain contextual records: the cited releases identify a Flushing law office and a Mill Basin residence, respectively, but do not separately establish the precise offense point for every scheme act. The five records are not all city cases, an average or a prediction. Their minimum/maximum pairs are not collapsed into one fixed-term range.
Quick Answer
- Selected records: five reported prosecutions / five defendants
- Local count-term comparison: Mitchell 2–6, Wilcher 3–9 and Mercado 4–8 years; three independent clusters
- Context excluded from endpoints: Choi 1½–4½ and Casertano 3–6 years; exact scheme-act location not fully established by the cited releases
- Scope: imposed indeterminate sentences, not time served or exhausted appeals
- 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 | Reported imposed term and scope |
|---|---|---|---|
| Yohan Choi | Settlement-funds scheme; release identifies Flushing law office, not every scheme-act location. Context, not a verified city endpoint. | 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 | Investment scheme; Mill Basin residence does not alone prove precise offense location. Context only. | 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.
What the sentence scopes show
Wilcher’s 3–9-year term has a higher maximum than Mercado’s 4–8 years but a lower minimum, so neither pair is a single fixed-duration high endpoint. Mitchell’s current 2–6 years is consecutive to an earlier 4–12 years; the combined6–18 years is not substituted for his current count. The related Attorney General sentence and bail-jumping count are disclosed separately. These source-based distinctions do not establish every reason for the different terms.
Methodology
This review reads the official releases’ target-offense, sentence and local-conduct passages. Mitchell’s Brooklyn property sale, Wilcher’s East Elmhurst deed transfer and Mercado’s Coney Island restaurant theft are identified directly. Choi’s office and Casertano’s residence alone do not establish all offense locations, so those records remain qualified context rather than city endpoints. Agency sentencing announcements establish reported imposition, not exhaustion of all remedies; wider later-docket review remains incomplete. The independent-prosecution threshold is unchanged.
Sources
Disclaimer
General information only, not legal advice. A sentence depends on the conviction, criminal history, plea, restitution, and case-specific facts.