Burglar sentenced to probation

By: The Citizen staff report

Tuesday, January 6, 2009 2:59 PM EST

AUBURN -- A Syracuse man will likely serve five years of probation for breaking into an Auburn home.
John Smith III, of 2307 South State St., Syracuse, pleaded guilty Tuesday in Cayuga County Court to one count of third-degree burglary. In exchange for the plea, District Attorney Jon Budelmann said he would recommend a sentence of shock probation for Smith, 24.

The crime usually calls for six months in jail and five years of probation, but Smith has already been in Cayuga County Jail for more than seven months.

Smith admitted in court that he broke into an Auburn home on April 30. His guilty plea satisfies the original charges, which include a misdemeanor count each of fourth-degree criminal mischief and second-degree criminal trespassing.

"I apologize to the people who live there," Smith said before adding that he did not know the residents.

Smith is scheduled to receive his sentence Feb. 17.

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