Thursday, May 19, 2016

THOMAS M. GASPARRO


The Appellate Division Third Department has today unanimously affirmed the November 15, 2013 conviction of Thomas M. Gasparro upon a plea of guilty convicting him of the crime of Burglary in the Second Degree, two counts.

Gasparro’s conviction stems from a series of residential burglaries which he perpetrated in Milton, New York in June, 2012.  During his burglary spree, the defendant caused damage to each residence and stole thousands of dollars worth of jewelry.  The defendant was linked to these home invasion burglaries through receipts from pawn shops in Dutchess County. 

The defendant subsequently pled guilty to two counts of Burglary in the Second Degree and waived his right to appeal.  He was later sentenced by County Court Judge Donald A. Williams to concurrent five year terms of imprisonment with five years of post release supervision to run concurrently with a sentence on a Violation of Probation in Dutchess County. 

On appeal, the defendant not only challenged the validity of the waiver of appeal, and argued that his plea was not knowingly, voluntarily and intelligently entered.  He also argued that the sentence imposed was harsh and excessive.

On appeal, the defendant is represented by Donna Maria Lasher of Youngsville, New York.  Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the District Attorney’s Office.