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June 19, 2014 -- Westchester County District Attorney Janet DiFiore announced today that Justin Sutton DOB (08/12/87) of 497 Liberty Street, Newburgh, New York was sentenced to 3 ½ to 7 years in prison on his April 2014 conviction to:

  • two counts of Identity Theft in the First Degree, class “D” Felonies,
  • one count of Grand Larceny in the Third Degree, class “D” Felony,
  • one count of Scheme to Defraud in the First Degree, a class “E” Felony.

Between Sept. 27, 2012 and Oct. 1, 2012, the defendant stole cash and went on a shopping spree with his victim’s money. He engaged in a scheme in which he repeatedly used the personal identifying information of two his victims, including their business debit ATM cards, to make unauthorized ATM withdrawals and unauthorized purchase withdrawals.  

The defendant’s unlawful use and attempted use of stolen personal information occurred at various banks and businesses throughout Westchester County, including J.P. Morgan Chase Bank branches in the City of Peekskill and the Town of Yorktown; a Mahopac National Bank branch in the City of Yonkers; a “True Religion Brand Jeans” store in the City of White Plains; a Nieman Marcus store in the City of White Plains; “The Loop” store in the City of Yonkers; and a Wal-Mart store in the City of White Plains.

The total amount of the larceny was approximately $9,000.

His scheme first came to light when alert store employees at the Nieman Marcus store in White Plains realized the defendant was attempting to use stolen business debit cards to purchase two pairs of Prada shoes worth over $800.

Further investigation by the Westchester County Police Department, the Bedford Police Department, and the Westchester County District Attorney's Office ultimately uncovered the full extent of the defendant's scheme.

The defendant was arrested by the Westchester County Police.

Following his arrest, the defendant refused to be represented by an attorney and instead chose to represent himself and present his own defense at trial.

Assistant District Attorney Brian Fitzgerald of the Economic Crimes Bureau prosecuted the case.


Justin Sutton

Justin Sutton


In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.