Press-Republican

November 30, 2009

Plattsburgh man pleads guilty to Zuke's robbery

Prison for Akey; to aid case against his co-defendant

By DAN HEATH

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PLATTSBURGH — A Plattsburgh man pleaded guilty Monday to robbing Zuke's Deli last summer.

Franklyn R. Akey, 25, pleaded guilty to first-degree robbery before Acting Clinton County Justice Kevin Ryan for his role in the armed robbery, which took place July 19.

Akey admitted to his involvement in the robbery, during which Anthony P. Vallee of Plattsburgh is alleged to have pointed what turned out to be an air pistol at two clerks. They left with a cash-register drawer that held $717.90.

District Attorney Andrew Wylie said the plea agreement for Akey includes a five-year determinate sentence with two years of post-release supervision in satisfaction of the robbery charge.

Akey was also originally charged with third-degree burglary for taking a safe that contained currency, vehicle titles, passports and business records from Taylor Rental around June 19.

Akey pleaded guilty to a reduced charge of second-degree criminal trespass, a misdemeanor, in connection with that incident.

That part of the plea agreement calls for a one-year sentence in Clinton County Jail to run concurrently with the five-year sentence on the Zuke's robbery.

The agreement also calls for Akey and Vallee to make joint restitution of $717.90 to Zuke's Deli and includes an order of protection for the two clerks who were the victims of the robbery.

Also, Akey must fully cooperate in the case against Vallee.

The plea includes a waiver of Akey's right to trial and appeal.

Akey, dressed in a black-and-white-striped jumpsuit and orange jacket and wearing leg shackles, faced the judge throughout the proceeding.

When Ryan asked him if he was pleading guilty because he was, in fact, guilty, Akey responded, "Yes, Your Honor."

Plattsburgh City Police arrested Akey and Vallee the evening of July 20, just more than a day after the daytime robbery.

The pistol and cash drawer were recovered during a search of Vallee's residence on Wallace Hill Road in the Town of Plattsburgh.

The pair are believed to have committed the robbery to fund the purchase of prescription drugs.

Akey originally pleaded not guilty to the charges on Aug. 31. He has been in Clinton County Jail in lieu of $30,000 cash/$60,000 bond on the robbery charge and $20,000 cash/$40,000 bond on the burglary charge.

Akey was returned to Clinton County Jail after Monday's appearance.

Ryan set sentencing for 10:30 a.m. Feb. 10, 2010. He reserved the right to not accept the plea agreement, in which case Akey could withdraw his guilty plea and proceed to trial.

Ryan also reserved the right to issue a tougher sentence if Akey makes bail and commits another crime, commits a crime in jail or skips bail.

E-mail Dan Heath at: dheath@pressrepublican.com