Food Pantry Theft Suspect Pleads Guilty

A former part-time clerical employee for the Town of Harrison has pled guilty to petit larceny for her involvement in a theft at a local food pantry.

Sherry Toplyn pled guilty Tuesday morning to petit larceny, admitting in Harrison court that she stole five pairs of shoes from the pantry on the morning of January 19. She will pay a $1,000 fine along with a $205 surcharge. The plea agreement includes a one-year conditional discharge, meaning Toplyn won't face jail time if she stays out of trouble for one year. 

Toplyn's attorney Kevin Kitson said he also plans to apply for a certificate of relief for civil disabilities on behalf of his client, meaning — among other things — that possible future employers wouldn't be able to use her conviction to bar her from employment. He also said he would represent Toplyn if she chooses to appeal the sentencing.

"My client has no prior involvement with the criminal justice system," he said.

The same plea offer was made to co-defendants Adam Straface, Joseph Arcara and his cousin, Jack Arcara. They will consider the plea offer until their next appearance date on June 14, according to statements made in court by their attorneys.

"At this point we are taking an opportunity until June 14 to review the evidence further and to consider the offer," said Bruno Gioffre, who is representing the Arcaras. "On June 14 we will either accept the plea to that charge or file motions to have the evidence reviewed by a judge."

Community service had been considered as restitution as part of the plea agreement, but that was dropped under the advice of Harrison attorneys.

The defendants, along with two other town employees—Florence D’Imperio, and her son William D’Imperio—were charged in February with allegedly taking clothes and food from the Harrison Food Pantry. The D'Imperios had their court date pushed back before Tuesday's scheduled appearance, they are also due in court June 14.

If they refuse the plea agreement Florence D’Imperio and Joseph Arcara would face charges of third degree burglary — a class D felony. Florence D’Imperio also faces eight counts of petit larceny and Joseph Arcara faces six counts. Jack Arcara faces five counts of petit larceny, William D’Imperio faces two counts and Straface faces a single count.

The Harrison Food Pantry delivers food to about 80 low-income Harrison families and accepts cash donations from local organizations on an on-going basis.

The charges came after Harrison Police conducted a two-month investigation. A surveillance video allegedly showed the employees stealing from the food pantry.