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Court reduces burglar's 'harsh, excessive' jail term
By Andrew Amelinckx
Hudson-Catskill Newspapers
A Columbia County man sentenced to prison for 14 years for eight counts of burglary, had his jail term reduced by the Appeals Court Thursday.
James M. Kearns, 36, had three and a half years shaved off his sentence because, according to the Appellate Court, his sentence was “harsh and excessive.”
Kearns was charged with eight counts of second-degree burglary for illegally entering a house eight times over the course of two months, June and July 2007, and stealing money from a couple he had once worked for. He apparently committed the crimes to pay for a drug habit.
According to the court’s decision, Kearns would enter the home with a key he obtained when he worked for the victims and would slip in while they were asleep.
He pleaded guilty to all eight charges.
On July 1, 2008 Judge Jonathan Nichols sentenced Kearns to 14 years in prison with five years of post release supervision.
The New York State Supreme Court, Appellate Division, Third Department, cited Kearns’ “minimal criminal history, consisting of a few minor drug and weapons convictions,” along with its belief that the crimes charged weren’t part of “an ongoing course of criminal conduct” as part of its reason for reducing the sentence.
The court also stated that Kearns did not carry a weapon or exhibit violent behavior while carrying out the crimes.
His sentence was reduced to 10 1/2 years, with five years post release supervision.
Kearns is currently incarcerated at the Coxsackie Correctional Facility located across the Hudson River.
Attorney David Seth Michaels, who represented Kearns at both the sentencing and on the appeal said he was gratified by the outcome.
“I feel it was appropriate,” he said.
***
To reach reporter Andrew Amelinckx call 518- 828-1616, ext. 2267 or e-mail aamelinckx@registerstar.com
James M. Kearns, 36, had three and a half years shaved off his sentence because, according to the Appellate Court, his sentence was “harsh and excessive.”
Kearns was charged with eight counts of second-degree burglary for illegally entering a house eight times over the course of two months, June and July 2007, and stealing money from a couple he had once worked for. He apparently committed the crimes to pay for a drug habit.
According to the court’s decision, Kearns would enter the home with a key he obtained when he worked for the victims and would slip in while they were asleep.
He pleaded guilty to all eight charges.
On July 1, 2008 Judge Jonathan Nichols sentenced Kearns to 14 years in prison with five years of post release supervision.
The New York State Supreme Court, Appellate Division, Third Department, cited Kearns’ “minimal criminal history, consisting of a few minor drug and weapons convictions,” along with its belief that the crimes charged weren’t part of “an ongoing course of criminal conduct” as part of its reason for reducing the sentence.
The court also stated that Kearns did not carry a weapon or exhibit violent behavior while carrying out the crimes.
His sentence was reduced to 10 1/2 years, with five years post release supervision.
Kearns is currently incarcerated at the Coxsackie Correctional Facility located across the Hudson River.
Attorney David Seth Michaels, who represented Kearns at both the sentencing and on the appeal said he was gratified by the outcome.
“I feel it was appropriate,” he said.
***
To reach reporter Andrew Amelinckx call 518- 828-1616, ext. 2267 or e-mail aamelinckx@registerstar.com
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