How Many Years Can You Get for Third-Degree Burglary in New York?
In five completed New York City third-degree burglary cases reviewed for this guide, the observed indeterminate prison terms ranged from 1 to 3 years to 3.5 to 7 years. These are selected case outcomes, not a citywide average or a prediction.
Quick Answer
- Cases reviewed: 5 completed cases
- Lowest observed term: 1 to 3 years in prison
- Highest observed term: 3.5 to 7 years in prison
- Locations: Brooklyn and Queens, both within New York City
- Official classification: Third-degree burglary, a class D felony
See the New York crime sentence hub, compare robbery sentence examples and first-degree assault outcomes, and review our methodology and editorial standards.
What Is Third-Degree Burglary in New York?
New York Penal Law §140.20 defines third-degree burglary as knowingly entering or remaining unlawfully in a building with intent to commit a crime there. The statute classifies the offense as a class D felony. The intended crime and the facts surrounding the entry can materially affect charging and sentencing.
Statutory Sentence
New York Penal Law §70.00 sets the general imprisonment framework for felonies. For a class D felony, the maximum term of an indeterminate prison sentence generally cannot exceed seven years. Prior convictions and other sentencing provisions can change the applicable rules. This statutory ceiling is separate from the observed case outcomes below, and it does not mean every conviction results in prison or a seven-year maximum.
Observed New York City Case Outcomes
| Case | Location and conduct | Conviction | Final sentence |
|---|---|---|---|
| Daniel Roscher | Borough Park synagogue donation-box theft | Third-degree burglary, guilty plea | 1 to 3 years, concurrent with an unrelated robbery sentence |
| Peter Podziewski | Borough Park synagogue donation-box theft | One count of third-degree burglary, guilty plea | 2 to 4 years |
| True Jackson | Illegal occupation and property removal at a St. Albans home | Third-degree burglary, guilty plea | 2 to 4 years |
| Muntaquim Durant | Break-in at a Williamsburg matzah factory | Third-degree burglary, guilty plea | 2.5 to 5 years |
| Brandon Sestoso | Apartment-building mailroom burglary pattern across Queens | Third-degree burglary, guilty plea | 3.5 to 7 years as part of a global disposition |
Case 1: Daniel Roscher
Roscher pleaded guilty to third-degree burglary for taking part in the theft of a donation box from Congregation Beth Jacob in Borough Park. The Brooklyn District Attorney reported a sentence of one to three years in prison. The term ran concurrently with a separate five-year robbery sentence, so the burglary term is reported here as the court imposed it and the unrelated sentence is disclosed. Official source.
Case 2: Peter Podziewski
Podziewski pleaded guilty to one count of third-degree burglary arising from the same Borough Park synagogue incident. The court imposed an indeterminate term of two to four years in prison. Official source.
Case 3: True Jackson
Jackson pleaded guilty to third-degree burglary after unlawfully occupying a St. Albans house and removing items from the property. The Queens District Attorney reported a final sentence of two to four years in prison. Official source.
Case 4: Muntaquim Durant
Durant pleaded guilty to third-degree burglary after a break-in at a Williamsburg matzah factory. The court sentenced him to an indeterminate term of two and a half to five years in prison. Official source.
Case 5: Brandon Sestoso
Sestoso pleaded guilty to third-degree burglary in connection with a pattern of entries into Queens apartment buildings and mailrooms. He received three and a half to seven years in prison as part of a global disposition of outstanding burglary charges. Because the official release describes the broader disposition, that context is retained rather than treating the outcome as a one-incident sentence. Official source.
Why Did the Sentences Differ?
The official records describe different incident patterns, criminal histories, plea arrangements, and concurrent or global dispositions. Those details can affect the final sentence. The five examples also come from public releases selected for clear confirmation of location, conviction, and final outcome; they are not a random sample of all New York City burglary cases.
Lowest and Highest Observed Terms
The lowest specifically stated third-degree burglary term in this sample was Roscher’s one-to-three-year sentence. The highest was Sestoso’s three-and-a-half-to-seven-year term, which the source expressly describes as part of a global disposition. Keeping both the minimum and maximum components preserves the structure of New York’s indeterminate sentences.
Methodology
We searched official New York City district attorney sources across Brooklyn, Queens, Manhattan, the Bronx, and Staten Island. We retained only completed cases with a confirmed New York City offense location, a third-degree burglary conviction, and a final sentence. Cases involving other burglary degrees or unallocated multi-offense totals were not used. Concurrent and global dispositions are included only with explicit disclosure.
Sources
- New York Penal Law §140.20
- New York Penal Law §70.00
- Brooklyn DA — Roscher and Podziewski
- Queens DA — Jackson
- Brooklyn DA — Durant
- Queens DA — Sestoso
Disclaimer
General information only. Not legal advice. Sentencing depends on the conviction, criminal history, plea terms, enhancements, and facts of each case.