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Sentencing in Franklin County Court affirmed PDF Print E-mail
Written by SUE BOTSFORD, Contributing Writer   
Wednesday, April 04, 2007

PLATTSBURGH — The sentencing of a man in Franklin County Court has been upheld by a state appeals court.
Terry Snyder, 27, was convicted in December 2005 on his guilty pleas to second- and third-degree burglary.
According to the ruling by the Appellate Division of State Supreme Court, he was charged with second-degree burglary for removing a safe from a private home and third-degree burglary and attempted fourth-degree grand larceny for taking a safe from a used-car dealership and attempting to get money from the owner.
He pleaded guilty to the two burglary charges in satisfaction of those and a number of other pending charges.
Under the terms of the plea, Judge Robert Main promised to sentence him, as a second-felony offender, to no more than 10 years in prison, to be followed by post-release supervision for the second-degree burglary.
He was also told he could get a maximum of three and a half to seven years for the third-degree burglary, but the total sentence would not exceed 10 years.
He was to be ordered to make $14,151.95 in restitution.
He waived his right to appeal everything except the sentence and constitutional issues.
He was sentenced to 10 years in prison and five years of post-release supervision for the second-degree burglary and three and a half to seven years in prison on the third-degree burglary conviction. The sentences run concurrently.
In addition, he was ordered to make restitution of $14,151.05 and pay a 10-percent restitution charge of $1,415.20, a $250 mandatory surcharge and a crime-victim fee of $20.
Snyder challenged the severity of the sentence, but the appeals court wrote there was no merit to that. Snyder had a lengthy record of theft-related crimes. Before pleading guilty in these cases, he appeared to be on a crime spree, the justices noted, as the guilty plea covered 13 other arrests for burglary and related offenses.
In addition, in this case, he could have been sentenced to consecutive prison terms because the crimes involved different victims.
Since Snyder did not object to the restitution or request a restitution hearing and did not object to the restitution surcharge, these issues were not preserved for appeal. Furthermore, the request for the restitution surcharge was made properly.
According to Department of Corrections records, Snyder is serving his time at Coxsackie Correctional Facility in Greene County. His earliest release date is August 2013.

 

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