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Lottery ticket thief gets prison term shortened

New York LotteryNew York Lottery: Lottery ticket thief gets prison term shortened
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SYRACUSE, N.Y. — An appeals court shortened the prison term for lottery-ticket thief Andy Ashkar by at least three-and-a-half years, reducing a sentence imposed by a judge because it was "unduly harsh and severe."

In a decision filed on Friday, the Supreme Court Appellate Division's Fourth Judicial Department shortened Ashkar's total sentence to between five and 15 years, the amount requested by Assistant District Attorney Beth Van Doren in 2013.

Onondaga County Court Judge Joseph E. Fahey, offended by the greed Askhar had shownin his theft of a $5 million lottery ticket, had gone further than the district attorney had asked, imposing the maximum allowable penalty, between eight-and-a-half years and 25 years to jail.

"Mr. Ashkar, let me tell you something," Fahey said at Ashkar's sentencing in July of 2013. "You exhibited some of the most rapacious greed I've seen in a long, long time. ... You took advantage of somebody who was weak, somebody who was vulnerable, somebody who was confused. Your conduct as far as I'm concerned was nothing short of predatory."

(See NY man gets maximum sentence for stolen $5M lottery ticket, Lottery Post, July 23, 2013.)

Ashkar's family owns Green Ale Market on East Fayette Street in Syracuse. When Robert Miles attempted to redeem his $5 million winning ticket at the store in 2006, Ashkar told him the ticket was only worth $5,000. Ashkar took $1,000 of that, telling Miles it was the store's cut of the winnings.

Brothers Andy and Nayel attempted to redeem the ticket themselves in 2012. Andy was found guilty of criminal possession of stolen property, his brother was acquitted of the same charge, and their father pleaded guilty of filing a false instrument in the first degree after claiming the ticket belonged to his sons in interviews with lottery officials.

(See One brother convicted, one acquitted in $5M lottery trial, Lottery Post, May 1, 2013.)

In shortening Fahey's punishment, the Appellate Division cited the fact that Andy Askhar had no prior criminal history and his crime did not involve violence or threats.

Ashkar also attempted to appeal the guilty verdict based on a lack of evidence and an ineffective counsel. The court rejected both those claims.

Syracuse, Lottery Post Staff

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8 comments. Last comment 2 years ago by hearsetrax.
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mypiemaster's avatar - 2015021003pileofcash
JACKPOT HUNTER

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Posted: July 14, 2015, 8:50 am - IP Logged

5 to 15 is still plenty of time for him to reflect on his transgressions.

Seek and ye shall find -Matt. 7:7 ...Ask and ye shall receive -John 16:24 ...Give and it shall be given unto you -Luke 6:38 ...Be careful what you ask for!!! -Mypiemaster 1:1

Having Money Solves Problems That Not Having Money Creates Yes Nod ****John Carlton****

    noise-gate's avatar - images q=tbn:ANd9GcR91HDs4UJhjxO7cmeMQWZ5lB_FOcMLOGicau4V74R45tDgPWrr
    Bay Area - California
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    Posted: July 14, 2015, 10:33 am - IP Logged

    5 to 15 is still plenty of time for him to reflect on his transgressions.

    I Agree!..l seriously doubt he will ever pull this sort of thing again.

    People who say it cannot be done should not interrupt those who are doing it- George Bernard Shaw.

      TheGameGrl's avatar - character catafly.jpg
      A long and winding road
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      Member #17084
      June 10, 2005
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      Posted: July 14, 2015, 11:04 am - IP Logged

      The guy whom the ticket was taken, Or in this case handed over to redeem, was struggling with addiction.

       

      "Police and lottery officials said the Ashkar brothers convinced Miles, a maintenance worker at an apartment complex near the store, that the ticket was worth only $5,000 when Miles bought it in 2006. The brothers paid Miles $4,000, took a $1,000 handling fee, then waited until the ticket was about to expire before trying to claim the jackpot in 2012, prosecutors said."

       

      How can a lottery have a 6 year expiration? Most are 6 months up to a year....

       

      Not sure I understand how the NY lottery works...Confused.

      ~~Is it true, Is it kind,Is it necessary. ~~~

      pa:888,4445,6132,4444,8008

        wizeguy's avatar - animaniacs04

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        May 10, 2005
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        Posted: July 14, 2015, 12:38 pm - IP Logged

        The guy whom the ticket was taken, Or in this case handed over to redeem, was struggling with addiction.

         

        "Police and lottery officials said the Ashkar brothers convinced Miles, a maintenance worker at an apartment complex near the store, that the ticket was worth only $5,000 when Miles bought it in 2006. The brothers paid Miles $4,000, took a $1,000 handling fee, then waited until the ticket was about to expire before trying to claim the jackpot in 2012, prosecutors said."

         

        How can a lottery have a 6 year expiration? Most are 6 months up to a year....

         

        Not sure I understand how the NY lottery works...Confused.

        It must be a scratchoff. I know in my state you have 180 days from the end of the game. Popular games can last a long time. They just print more tickets as needed.

          Avatar
          Maryland
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          January 2, 2015
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          Posted: July 14, 2015, 7:59 pm - IP Logged

          I just googled 

          Green Ale Market on East Fayette Street in Syracuse

          Looks like the STUPID market the family owns is still open!!!  I would have thought they would have been shut down or run out of town by the locals.

          And I TOTALLY disagree with the comments that he will not do it again! It is VERY hard for anyone who tries this kind of thing to ever stop doing it.  We will be reading about him soon after they get out. 

            Avatar

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            February 15, 2015
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            Posted: July 15, 2015, 12:42 am - IP Logged

            I Agree!..l seriously doubt he will ever pull this sort of thing again.

            He may even become traumatized to the point where he develops a phobia of lottery tickets....lol....Scared

              luckyshoes's avatar - nw lady.jpg
              Pennsylvania
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              Posted: July 15, 2015, 12:47 pm - IP Logged

              I just googled 

              Green Ale Market on East Fayette Street in Syracuse

              Looks like the STUPID market the family owns is still open!!!  I would have thought they would have been shut down or run out of town by the locals.

              And I TOTALLY disagree with the comments that he will not do it again! It is VERY hard for anyone who tries this kind of thing to ever stop doing it.  We will be reading about him soon after they get out. 

              I Agree! They'll be looking for another big ticket winner ...only next time they 'll feel  a little more savvy to not get caught.

                hearsetrax's avatar - 0118

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                Posted: July 15, 2015, 12:55 pm - IP Logged

                Skeptical at minimal he ought to pull at least 13 years