Udderly Delicious burglar sentencing postponed
Delayed due to perpetrator’s pending rape charge
JOHNSTOWN — The sentencing of John C. Crabbe in connection to the burglary of Udderly Delicious over the summer was postponed in Fulton County Court on Thursday due to a pending rape charge brought against the 18-year-old in Gloversville in December.
Crabbe accepted a plea agreement and pleaded guilty to third-degree burglary in Fulton County Court on Dec. 3 in connection to the Aug. 6 burglary of Udderly Delicious on North Comrie Avenue that occurred around 2:30 a.m.
He was originally charged with felony counts of third-degree burglary and fourth-degree grand larceny by Johnstown police when he was arrested on Aug. 10.
Crabbe appeared before Fulton County Court Judge Polly Hoye on Thursday to face sentencing.
But following a conference with Crabbe’s attorney, Jordan Austin, and Assistant District Attorney Kate Hofmann, Hoye determined that sentencing should be postponed and coordinated with the timeline of another criminal charge brought against Crabbe following the negotiation of the plea agreement.
Crabbe was taken into custody and charged with first-degree rape, a class B felony, by Gloversville police on Dec. 23. He has been held at Fulton County Correctional since his arrest in lieu of bail set at $25,000 cash or $50,000 bond during his arraignment in Gloversville City Court.
A felony complaint filed by city police against Crabbe in Gloversville City Court on Dec. 23 alleges that Crabbe engaged in sexual intercourse with another person by forcible compulsion during the evening hours of July 26.
The incident was reported to police by the victim on Dec. 19. Police say the incident was not random in nature, Crabbe and the victim were known to one another.
That case was divested to Fulton County Court during Crabbe’s last appearance in Gloversville City Court on Jan. 27. A county court clerk on Thursday said that no appearance dates have been scheduled so far as the Fulton County District Attorney’s Office has not yet filed a written Superior Court Information accusation or an indictment in connection with the charge.
Hoye cited the potential prison sentence Crabbe faces in connection with the rape charge from an incident alleged to have occurred prior to the burglary as contributing to her decision to postpone sentencing.
Additionally, Hoye moved to alter the terms of the proposed sentence Crabbe previously accepted as part of the plea agreement.
Originally attached to Crabbe’s plea of guilty to third-degree burglary was a proposed split sentence of six months in jail and five months of probation with Crabbe to pay restitution to the owners of Udderly Delicious. Hoye was also set to consider granting Crabbe youthful offender status.
Due to the circumstances of Crabbe’s arrest in December, Hoye said she now plans to sentence him to one year in local jail and youthful offender status will not be granted. Restitution will still be required.
Both Hofmann and Austin agreed to the postponement and Austin raised no objections to the altered sentence on Crabbe’s behalf.
Hoye adjourned Crabbe’s sentencing until March 27 at 11 a.m.