In September, 33-year-old Danielle Sapp was found guilty of fourth-degree grand larceny. On Tuesday that verdict was 'dismissed' or 'set aside' and a new trial scheduled due to court legal matters.

CANANDAIGUA — This September, an Ontario County woman was found guilty of fourth-degree grand larceny after a three-day trial and one day of jury deliberation.

On Tuesday, that verdict was dismissed, or "set aside" and a new trial scheduled.

In December of 2016 Danielle Sapp, 33, was arrested and charged with fourth-degree grand larceny for allegedly stealing approximately $1,700 worth of daycare benefits from the Department of Social Services to which the prosecution states she was not entitled. She was later found guilty in a trial; however, as a result of delayed responses from the court to the jury during deliberation, that verdict is now null.

“The court ignored the jury request, denying the defendant a fair trial,” said Mollie Dapolito from the Ontario County Public Defender's Office. “Defense objected on three occasions asking for a mistrial.”

According to Dapolito, during deliberations the jury submitted requests to Judge Frederick Reed and did not receive a meaningful response for over four hours. Dapolito said the delay was a result of scheduling conflicts with additional legal matters being tended to during deliberations.

“The jury asked repeatedly for a review of evidence,” said Dapolito during her motion application. “They were tired of being ignored.”

Ontario County Assistant District Attorney Melanie Bailey strongly objected to the motion, stating that the verdict was deliberated for seven hours and had been arrived at justly.

According to Dapolito, the money went straight from the Department of Social Services directly to the daycare provider. If a deal isn’t made before the trial and Sapp is found guilty, she could face a potential sentence between one year of local incarceration and up to four years in state prison.