August 22, 2012 —
Sullivan County District Attorney Jim Farrell announced today that Ian Atkins, 43, of Monticello, N.Y. was sentenced in Sullivan County Court to 11 years in state prison and 5 years of post release supervision for the daytime burglary of a home in Fallsburg.
Farrell said that Atkins admitted to burglarizing the home on Grey Road in January and stole cash, jewelry and a handgun. Atkins was arrested after a joint investigation by the Fallsburg Police, New York State Police, Sullivan County Sheriff’s Office, Monticello Police , Liberty Police and Sullivan County DA’s Office.
Farrell said he recommended a maximum sentence of 13 years in state prison on Atkins, who was charged with this home burglary, given his extensive criminal record, including felony convictions in three states for such crimes as trafficking in cocaine, possession of narcotics, criminal trespass and robbery, but Judge Frank LaBuda opted for the 11 year sentence.
"This was an excellent example of multiple police agencies working together towards the common goal and each playing an important role in the apprehension and conviction of a residential burglar. Their actions have resulted in a career criminal being removed from our streets for an extended period of time. I will continue my office’s commitment to seeing that individuals who violate the sanctity of our homes, by breaking and entering and stealing our valuables, are held accountable and responsible," said Farrell.
Atkins sought a violent felony override which would allow him to be eligible for release sooner than his mandatory maximum and Farrell said his office will continue to oppose such applications, especially when a home is broken into, “The state legislature has determined that home burglary is violent and I believe that those people who have had to suffer as a result of having their homes ransacked by utter strangers are true victims of a violent act. Many burglary victims experience trouble sleeping or not feeling safe in their homes as a result of such an invasion and convicted burglars should not receive early release.”
The court reserved decision on granting the violent felony override. Atkins was also ordered to pay over $6,000 in restitution.