Auburn man convicted of burglary pleads guilty to additional charge

Branden Hackett, 30, said he sold the narcotic substance suboxone, which can be used to treat pain or opioid addictions, on Feb. 27 so that he could buy other drugs.

The admission allowed Hackett, of 21 Morris St. in Auburn, to plead guilty to fourth-degree criminal possession of a controlled substance, a class C felony.

He was promised a sentence of three years in prison, rather than the maximum of eight years for a second felony offender, followed by two years of parole.

Hackett was also scheduled to be sentenced to 2.5 to five years in prison for third-degree burglary, a class D felony. He pleaded guilty to the charge on July 11, said Cayuga County Assistant District Attorney Joshua Bennett. 

On May 8, Hackett stole a Wifi camera from the Wegmans at 1 Loop Road in Auburn. Bennett said Hackett was originally charged with petit larceny, but that was changed to burglary because Hackett had been under a two-year no trespass order for Wegmans at the time.

Judge Thomas Leone said that Hackett's prison sentences of 2.5 to five years and three years for the two convictions will be served concurrently to each other. 

Hackett is scheduled for sentencing on Oct. 1.

Also in court: 

• Steven Mayer, of 30 Westlake Ave., Apt. 3, in Auburn, was sentenced to three total years in prison, to be followed by two years of parole.

The 40-year-old was convicted of selling more than one ounce of marijuana in October and November of 2018.

Cayuga County District Attorney Jon Budelmann said in court on Thursday that Mayer pleaded guilty on July 10 to two counts of third-degree criminal sale of marijuana, class E felonies. 

During a previous court proceeding on June 13, the prosecution offered Mayer a four-year prison sentence in exchange for pleading guilty to the same charges, which he and counsel Jonis Strods did not accept. 

Mayer, a previous felony offender, was given 1.5 years on both charges that he will serve consecutively. His parole will be served concurrently, totaling two years. Mayer is also ordered to pay $813 in total restitution.

• Leone did not grant a 42-year-old Rochester man a shock camp order, which was originally part of his plea bargain. 

Shawn Morrison, of  Apt. 402, 880 East Main St. in Rochester, pleaded guilty June 27 to fourth-degree criminal possession of a stolen credit card, a class E felony.

In exchange, he was promised 1.5 to three years in prison with shock camp, a military-style incarceration that can shorten one's sentence.

Morrison admitted in June to buying more than $1,400 worth of goods, including a 65-inch TV from the Walmart in Auburn with the stolen credit card in October of 2018.

Leone said on Thursday that Morrison went back on his admission during the pre-sentence investigation by saying the victim told him to a buy a television with her credit card. Because of that, the judge was not held to the sentence promised by the plea bargain.

"These words I say are not hollow words," Leone said, referring to his warning that Morrison be honest with the probation department during the investigation. 

He sentenced Morrison to one to three years in prison without shock camp. "I think that's sanction enough," Leone said. Morrison will also pay $1,390 in restitution.