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, Cayuga County District Attorney Jon Budelmann said he would recommend a sentence of shock probation for Smith, 24.

The sentence usually calls for six months in jail and five years of probation.

But since Smith has been in Cayuga County Jail for more than seven months, he was scheduled to be released after Tuesday's court session.

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.

Also in court:

#&149; Cayuga County Judge Mark Fandrich denied a state prison inmate's motion to dismiss a felony, first-degree criminal contempt charge. Martin Nagel is accused of violating a subpoena after he refused to be sworn in as a witness and testify before a sealed grand jury hearing.

But Nagel's attorney, James Leone, argued that Nagel did not have a legal obligation to testify during the hearing in August because he was never served notice of a subpoena.

He should also have been given access to counsel when he attempted to invoke his Fifth Amendment right during the hearing, Leone said, because he did not know that he had waived those rights when given immunity.

Nagel, 53, is serving a two-year prison sentence at Groveland Correctional Facility for the attempted sale of cocaine.

#&149; A Seneca Falls teenager pleaded guilty to second-degree criminal possession of a weapon and fourth-degree criminal possession of stolen property. Andrew Palmer, 16, of 77 Chappell St., will likely receive no more than one to three years in state prison for the plea, Fandrich said during court.

Fandrich said he would also recommend Palmer receive youthful offender status, pending a pre-sentence investigation.

Palmer admitted in court that he had a Ruger 22-caliber pistol with ammunition under his seat while riding as a passenger Oct. 28 in a friend's car. The gun was stolen the night before, said Palmer, who is scheduled to receive his sentence Feb. 17.

#&149; Fandrich will choose whether to give Nathan Hale, of 1066 Maple St., Genoa, 10 years of probation or a one-to-three year prison sentence for having sex with a minor.

Hale, 19, pleaded guilty to second-degree rape, admitting that he had sex with a 14-year-old girl between March and April. He has been in the Cayuga County Jail for approximately 170 days.

The prison sentence would make Hale eligible for shock camp, through which he could be released under supervision after attending the boot camp-style program. He will have to register as a sex offender after release.

Hale is scheduled for sentencing on Feb. 17.

#&149; A Rochester man will spend time in prison for driving drunk while his license was suspended from a previous drunk driving conviction.

Brehannie Gomez, 27, pleaded guilty to felony charges of driving while intoxicated and aggravated unlicensed operation. Budelmann recommended a sentence of one to three years in prison.

Gomez was arrested while driving June 22 on the Thruway after consuming two alcoholic beverages, Gomez said. Budelmann said his blood alcohol level was documented at .11 percent, which is above the legal limit.

Gomez received a felony DWI conviction in November 2007. He is scheduled for sentencing Feb. 17.

#&149; Fandrich sentenced Wendy Galloway, 46 Parker St., Auburn, to two-and-a-half to five years in prison for a drug deal that occurred in 2004. Galloway, 43, pleaded guilty in November to third-degree criminal sale of a controlled substance.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net