How Many Years Can You Get for Third-Degree Burglary in New York?

The selected New York City third-degree burglary records cover four independent prosecution clusters and five defendants, not five independent cases. Roscher and Podziewski belong to the same Borough Park synagogue prosecution and received separate 1–3-year and 2–4-year indeterminate terms. Jackson received 2–4 years and Durant 2½–5 years in other prosecutions. Sestoso’s 3½–7 years resolved outstanding burglary charges globally and is kept separate from single-count comparisons. These selected reports are not an average, all city cases or a prediction.

Quick Answer

• Prosecutions / defendants: four independent clusters / five defendants
• Same-case comparison: Roscher 1–3 years and Podziewski 2–4 years, one synagogue prosecution
• Other allocated terms: Jackson 2–4 years; Durant 2½–5 years
• Broader disposition: Sestoso 3½–7 years for outstanding burglary charges, not an allocated single-incident term
• Locations: Brooklyn and Queens, within New York City
• Classification: third-degree burglary, 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

Defendant 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.

Defendant 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.

Defendant 3: True Jackson

Jackson pleaded guilty to third-degree burglary after unlawfully occupying a St. Albans house. The Queens District Attorney reported an August 12, 2025 indeterminate sentence of two to four years in prison. Official source.

Defendant 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.

Defendant 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.

How the outcomes differ in scope

Roscher’s allocated burglary term runs concurrently with an unrelated robbery term; Podziewski is a codefendant, not another independent prosecution. The Queens release describes Jackson’s predicate-felon sentencing. Sestoso’s global disposition is broader than one burglary count. These reported distinctions explain why the records must be read separately; they do not establish every cause of the different terms.

Indeterminate terms, not a single fixed-term range

The four expressly allocated outcomes from three independent clusters preserve each defendant’s minimum and maximum together: Roscher 1–3, Podziewski 2–4, Jackson 2–4 and Durant 2½–5 years. Sestoso’s 3½–7-year global disposition is not used as a single-count high endpoint. Roscher’s two components are one outcome, not two cases. The same-case comparison does not replace the site’s independent-prosecution threshold.

Methodology

This review reads the official reports’ conviction, location and imposed-sentence passages. It groups Roscher and Podziewski together, distinguishes case usability from numeric comparison, and does not count Sestoso’s codefendant as another sentenced outcome. Sentencing announcements do not establish exhaustion of all remedies or actual time served. Wider later-docket review remains incomplete. See the methodology and editorial standards linked above.

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.