PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: AUGUST 1, 2019
The Appellate Division, Third Department has unanimously affirmed the conviction of John Ilacqua rendered November 9, 2016 upon a plea of guilty convicting him of the crime of burglary in the second degree, a class C violent felony.
Defendant’s conviction stems from an incident which occurred on October 27, 2015 in the early evening. At that time, defendant knowingly entered and remained unlawfully in a residence in Clintondale in the Town of Plattekill with intent to commit a crime therein after breaking a window in the rear of the residence to gain access. When police responded following a 911 call by a neighbor, defendant was caught red handed inside the residence.
Pursuant to a plea agreement, defendant was sentenced by County Court Judge Donald A. Williams to a determinate State prison term of six years followed by five years postrelease supervision.
On appeal, defendant challenged his sentence on the ground it was unduly harsh and excessive, but given that he waived his right to appeal in accord with the terms of the plea agreement, the Appellate Division, Third Department found that he was foreclosed from making that argument.
On appeal, defendant is represented by Tracy Steeves, Esq. of Kingston, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.