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155.40 fc (grand larceny-1st c felony) whats the minimum sentence?

Brooklyn, NY |
Filed under: Immigration

Also its his first offense. He cooperating with the feds. But hes been illegally in the country for 9 years. what should i do?

Attorney Answers 3


On the immigration issue, hire a good attorney asap.

Grand Larceny 1 is a B felony, not a C w/a minimum of 1-3 years upstate.

But 155.40 is 2nd degree which has a minimum of Time Served and probation.

Joseph A. Lo Piccolo, Esq.
Hession Bekoff & Lo Piccolo, LLP
President, Criminal Courts Bar Association of Nassau County
1103 Stewart Avenue, Suite 200
Garden City, NY 11530
(O) 516-408-3666
(F) 516-408-3833

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It may be possible to get 5 years probation on PL 155.40. I sincerely hope he is represented by counsel if he is cooperating with the federal governement on state charges. Has there been a formal cooperation agreement? What are the terms? What has he been promised? You need to be speaking to his defense attorney as cooperation can change things for him.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website

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You mentioned a state charge but also said he is working with the Feds. There are rare circumstances where federal prosecutors will help defendants with their immigration issues. Make sure the defendant has an attorney he trusts to work on this very serious issue. There may come a point in time where you need to hire an immigration attorney. If you would like to discuss this matter further you can call my office or email me at Good luck.

I have been a criminal defense attorney in New York for over 20 years. Feel free to view my website at or contact me either by phone at 718-208-6094 or via email at This answer is only for informational purposes and is not meant as legal advice.

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