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Batavia man who admitted burglarizing friend's house sent to prison for three years

By Howard B. Owens

The case of Justin C. Smith is an example, Judge Robert C. Noonan said in county court today, of what can happen when a "basically good person has drugs take control of his life."

On Nov. 18, Smith broke into the residence of a friend on Porter Avenue and stole an item and pawned it.

In July, Smith admitted to attempted burglary, 2nd.

Because Smith has a prior non-violent felony conviction, from 2007, the minimum sentence available to Noonan was three years. Smith will spend three years in prison.

"There are a lot of different kinds of entries into somebody's house and your's violated the trust of a friend," Noonan said. "You accessed the property of somebody you knew and, unfortunately for you, that is classified as a violent felony with a mandatory determinate sentence."

A friend of Smith's sat in the gallery and wept as Noonan pronounced sentence.

One his term is completed, Smith will be on post-release supervision for five years.

He must also pay restitution to Pawn King for $105.

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