Saratoga County District Attorney Karen A. Heggen announced today that Daniel P. McKay (DOB 01/09/1983) of Amsterdam, NY was sentenced to an aggregate three-and-two-thirds-to-eleven (3 2/3-11) years in a state correctional facility following his January 31, 2024 pleas of guilty to both Robbery in the Third Degree, a Class “D” Felony in violation of New York State Penal Law Section 160.05, and Grand Larceny in the Fourth Degree, a Class “E” Felony in violation of New York State Penal Law Section 155.30.
Defendant McKay previously admitted that during the afternoon of September 3, 2023 he entered both the Ben and Jerry’s Ice Cream Shop in downtown Saratoga Springs and the Stewart’s Shop in Malta just off Exit I-87, claimed that he had a weapon, and demanded cash from the register. Although it was later determined that the Defendant did not, in fact, possess a weapon during these crimes, he was quickly identified by eyewitnesses and apprehended by law enforcement who located the stolen cash on his person.
The Defendant received the maximum sentence on each count with the sentences to be served consecutively, or back-to-back, to one another. Further, full Stay-Away Orders of Protection were issued for each of the Ben and Jerry’s and Stewart’s Shops employees that will remain in effect until 2043.
District Attorney Heggen thanked both the Saratoga Springs Police Department and Saratoga County Sherriff’s Department for the quick, diligent, and thorough manner in which the Defendant was located and evidence was gathered. She further highlighted the seamless and skillful collaboration between both agencies that brought the Defendant into custody.
“Within a brief period of time both law enforcement agencies gathered, analyzed, and acted upon a significant amount of video, eyewitness, and physical evidence from two (2) separate crime scenes—all while we had an active crime spree on our hands,” said District Attorney Heggen. “Fortunately, given their experience, they were able to apprehend Defendant McKay before he could harm anyone else and were able to return the stolen monies to the victims. Given the wealth of video and physical evidence, my office was able to bring about a resolution we deemed just for someone who committed these acts against these innocent, hard-working employees.”
The case was prosecuted by Assistant District Attorney Joseph Frandino together with District Attorney’s Office Investigator Jack Barney.
DATED: May 10, 2024