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Tolbert pleads guilty to grand larceny

YATES COUNTY—Local Attorney Charles D. Tolbert, 162 Main St., Penn Yan, pled guilty and was convicted of three felony charges in Yates County Court, Wednesday, Oct. 20.
According to a press release from the Yates County District Attorney’s office, Tolbert had been indicted on two counts of grand larceny in the third degree (each a class D felony) and six counts of falsifying business records in the first degree (each a class E felony). District Attorney Jason Cook said Tolbert was arrested June 2, 2010 because of charges that he had stolen over $22,000 from two clients in 2009.
The report said that since the indictment from May, another client came forward to the police and reported Tolbert had stolen over $6,500 from him as well. Cook said Tolbert was arrested a second time, Sept. 29, on another charge of grand larceny in the third degree.
Cook explained in court, Oct. 20, Tolbert waived the grand jury process and pled guilty to superior court information charging a single felony count of grand larceny in the third degree.
The press release said the court ordered a pre-sentencing report from the probation department and sentencing was scheduled for Jan. 25, 2011. Tolbert was released on his own recognizance pending sentencing. Cook said Tolbert faces up to 2.33 to seven years in prison for each of the felony convictions at the time of sentencing.
“I was certainly prepared to proceed with the trial, but it appears the defendant realized that his game was over,” said Cook. “The defendant was an attorney, but violated the trust of his clients by stealing their money and trying to cover up the thefts later.”
Anyone who feels they have been a victim of Tolbert’s legal practice is strongly encouraged to contact the Penn Yan Police Department at 315-536-4426.




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