Appellate Division Reduces Harsh and Excessive Sentence for Attempted Burglary

Douglas Locust was charged with multiple counts of attempted second- and third-degree burglary after he was observed by police pulling on the doors to several buildings in lower Manhattan. The furthest that Mr. Locust was able to reach was the vestibule of a few of the buildings; he did not access any building beyond that point. He was also charged with one count of third-degree burglary stemming from a separate incident. Mr. Locust pled guilty to one count of attempted burglary in the second degree and one count of burglary in the third degree. He was sentenced to six and one-half years in prison on the attempted burglary count, which was only six months below the maximum possible sentence and more than double the minimum sentence of three years. He received a concurrent sentence of two to four years on the third-degree burglary count. On appeal, Mr. Locust argued that his sentence was harsh and excessive where, essentially, he only turned a few door handles. Mr. Locust did not take property from any of the locations nor did he threaten or harm anyone. The Appellate Division agreed and reduced his sentence on the attempted burglary count to four years. Mr. Locust is represented by Kerry Jamieson. To read the decision, click here.