Batavia man who admitted burglarizing friend's house sent to prison for three years
Submitted by Howard Owens on October 29, 2012 - 4:04pm
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.