QUEENSBURY — A Chester man who admitted sexually abusing a child and burglarizing a home got in additional trouble Wednesday for what he wouldn’t admit to a probation officer.
Justin E. Ackley, 30, appeared before Warren County Judge John Hall on sentencing for having sexual relations with a 14-year-old in Warrensburg and for burglarizing a home in Lake George.
He had agreed to a plea deal that included a 4.5-year prison term to be followed by 5 years on parole.
But in court on Wednesday, Hall noted that when he was interviewed by the Warren County Probation Department for a pre-sentencing investigation, he reported that he didn’t “remember” the burglary.
That statement irked Hall, who noted that when he pleaded guilty in November, Ackley admitted the facts of the home burglary.
“It appears to me he failed to comply with my order to cooperate with probation,” Hall said.
Ackley’s lawyer, Joseph Brennan, told Hall that he disagreed, and said it was possible for him not to remember at that point. He asked that Ackley be allowed to withdraw his guilty pleas if Hall planned to “enhance” the sentence.
Hall did not allow it, and instead imposed a six-year prison term to be followed by 5 years on parole.
Ackley pleaded guilty to felony counts of criminal sexual act for a 2015 sexual encounter with a teen who was too young to legally consent to sexual relations, and attempted burglary.
The attempted burglary plea was in connection with an October 2016 burglary in Lake George, during which a credit card was stolen, police said. Fingerprints found in the home led to State Police arresting him last June.
Ackley had a prior conviction, for burglary in Warren County in 2007.