Conviction in Cayuga County burglary case

District Attorney Jon E. Budelmann announced today that following an 8 day trial, Charles E. a/k/a “Chas” Baker (DOB 6/24/1974) was convicted of 10 out of 17 charges in the Indictment (convicted of four felonies and six misdemeanors). The Indictment charged offenses related to four separate burglaries committed in Cayuga County between October 2013 and November 2014. The defendant still has separate pending felony charges: felony weapons and drug charges (arrested 11/21/14) and felony welfare fraud charges (arrested 4/15/15).The Cayuga County jury rendered their verdict Thursday September 10th after roughly 7 hours of deliberations spread over two days. The Jury convicted Baker of felony Third Degree Burglary, Fourth Degree Grand Larceny, Attempted Third Degree Grand Larceny, and Third Degree Criminal Mischief. In addition, they convicted the defendant on the underlying thefts relating to two of the other burglaries, but acquitted him of those underlying burglaries (one of his own father’s house and another of a residence under construction in Throop). The defendant was also acquitted of a burglary/ATM theft at Suzy’s Tavern in Auburn on the same evening as the Pit Stop burglary (for which he was convicted).The defendant is scheduled for sentencing on October 8, 2015. Each of the D felony charges carries a maximum sentence of 3 ½ to 7 years (minimum of 2 to 4 years) as a second felony offender. However, due to the nature of this defendant’s criminal/personal history and his having 4 prior felony convictions, the District Attorney’s Office is making application for the Court to treat Baker as a Persistent Felony Offender (three strikes law). If the People’s application is granted, the defendant will be sentenced to a maximum of Life incarceration. The required minimum term ranges between 15 up to 25 years. (15 to Life minimum up to 25 to Life maximum)District Attorney Budelmann stated: We knew some counts were strong and others had less evidence supporting them, but this conviction represents a very good outcome for our community. This defendant is a career felon who has served four prior prison sentences. We will ask the Court to sentence him to life as a persistent felony offender. I credit ADA Carl Rosenkranz, our investigators and support staff, the Cayuga County Sheriff’s Department and the Auburn Police Department for their good work that led to this defendant’s conviction following a difficult trial.Baker is currently in custody in the Cayuga County Jail awaiting sentencing proceedings. This conviction is Baker’s fifth felony conviction. His four prior felony convictions were for:1)Third Degree Burglary [PL §140.20] in satisfaction of a Burglary in the Third Degree, Fifth Degree Conspiracy and Third Degree Grand Larceny, Onondaga Cty Ct (T/Skaneateles), 12/17/14 (sentence: 2-4 yrs). This Burglary also involved an ATM theft at Asil’s Pub in Camillus (committed during the same time frame). He was sentenced to 2-4 yrs state prison in Onondaga Cty Ct, with a judicial remand to Willard. Baker remains on parole for that case until 2018.2)Criminal Possession of a Controlled Substance in the Third Degree, class B felony [PL §220.16(1)], in satisfaction of Second Degree Conspiracy, 6 counts of Third Degree Criminal Sale of a Controlled Substance, 6 Counts of Third Degree Criminal Possession of a Controlled Substance, Cayuga Cty Ct, 5/1/2012 (sentence: 2 yrs Determinate prison with 2 yrs Post-Release Supervision).3)Criminal Possession of a Controlled Substance in the Fifth Degree, class D felony [PL §220.06], Cayuga Cty Ct, 6/25/1996 (sentence: 3-6 years indeterminate state prison incarceration).4)Fifth Degree Criminal Possession of a Controlled Substance, class D felony [PL §220.06], reduced from Third Degree Criminal Possession of a Controlled Substance], Cayuga County Court, 7/28/92 (sentence: six months jail, five years’ probation; probation violated, revoked and resentenced 10/5/1993: 2-6 yrs indeterminate state prison).

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