Man charged with burglary rejects plea offer; opts for trial
NORWICH – A man charged with burglary in the third degree, a class D felony, rejected a plea offer made by the Chenango County District Attorney's Office when the Chenango County Court convened for a morning session on Monday, Aug. 15.
Anthony W. Irwin, 56, of Greene, appeared in court facing charges of burglary in the third degree, a class D felony; grand larceny in the fourth degree, a class E felony; and petit larceny, a class A misdemeanor.
It is alleged that Irwin stole $1,700 in cash register receipts from a local business.
The proposed disposition offered by the DA's Office on Mar. 23 stipulated that if Irwin entered a plea of guilty to the top charge of burglary in the third degree, he would be sentenced as a predicate felon and receive an indeterminate sentence of three to six years in the New York State Department of Corrections. Along with his sentence, Irwin would also be responsible for all restitution owed in the matter.
The Honorable Judge Frank B. Revoir Jr., who presided over the case, inquired if Irwin did, in fact, desire to reject the plea offer. John Cameron, who was appointed as Irwin's defense counsel, informed the court that his client did want to reject the offer and proceed to trial.
Chenango County District Attorney Joseph McBride then withdrew the offer before Judge Revoir illustrated the maximum sentence that Irwin could face if he was convicted as a result of a trial.
“If you are convicted, the court is required to sentence you as a predicate felon,” he said. “That would mean your exposure would be anywhere from three and a half to seven years.”
After the court accepted Irwin's rejection of the plea offer, McBride raised the question of the issue of bail in the matter. “Seeing as this matter is now likely going to trial, I don't think that (the current) bail is adequate,” he said. “The defendant is currently released on his own recognizance. I ask that the court reevaluate bail.”
Irwin spoke on his own behalf, saying, “I haven't always been an upstanding citizen my whole life, but getting my grandkids back has opened new horizons for me.”
The court also heard how Irwin is performing well in the New Horizons program, in Binghamton, and is currently working two jobs.
Judge Revoir decided to continue to release the defendant on his own recognizance, as he did not see him as a risk of flight. He also issued an order of protection in favor of the victim and business in the case.
Huntley, Mapp, and Ventimiglia hearings for the case were scheduled for Monday, Aug. 22, at 1:30 p.m.
Anthony W. Irwin, 56, of Greene, appeared in court facing charges of burglary in the third degree, a class D felony; grand larceny in the fourth degree, a class E felony; and petit larceny, a class A misdemeanor.
It is alleged that Irwin stole $1,700 in cash register receipts from a local business.
The proposed disposition offered by the DA's Office on Mar. 23 stipulated that if Irwin entered a plea of guilty to the top charge of burglary in the third degree, he would be sentenced as a predicate felon and receive an indeterminate sentence of three to six years in the New York State Department of Corrections. Along with his sentence, Irwin would also be responsible for all restitution owed in the matter.
The Honorable Judge Frank B. Revoir Jr., who presided over the case, inquired if Irwin did, in fact, desire to reject the plea offer. John Cameron, who was appointed as Irwin's defense counsel, informed the court that his client did want to reject the offer and proceed to trial.
Chenango County District Attorney Joseph McBride then withdrew the offer before Judge Revoir illustrated the maximum sentence that Irwin could face if he was convicted as a result of a trial.
“If you are convicted, the court is required to sentence you as a predicate felon,” he said. “That would mean your exposure would be anywhere from three and a half to seven years.”
After the court accepted Irwin's rejection of the plea offer, McBride raised the question of the issue of bail in the matter. “Seeing as this matter is now likely going to trial, I don't think that (the current) bail is adequate,” he said. “The defendant is currently released on his own recognizance. I ask that the court reevaluate bail.”
Irwin spoke on his own behalf, saying, “I haven't always been an upstanding citizen my whole life, but getting my grandkids back has opened new horizons for me.”
The court also heard how Irwin is performing well in the New Horizons program, in Binghamton, and is currently working two jobs.
Judge Revoir decided to continue to release the defendant on his own recognizance, as he did not see him as a risk of flight. He also issued an order of protection in favor of the victim and business in the case.
Huntley, Mapp, and Ventimiglia hearings for the case were scheduled for Monday, Aug. 22, at 1:30 p.m.
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