A Smithtown developer pleaded guilty to a felony bribery charge yesterday - the second person to admit guilt and agree to cooperate in a widening building department corruption probe that has rocked town government.

Robert Fitzpatrick, 55, of Bayport, pleaded guilty to third-degree bribery before Suffolk County Court Judge Martin Efman. He was released on his own recognizance until his sentencing on July 14.

As part of a plea deal, Fitzpatrick faces a reduced maximum sentence of 1 to 3 years in prison, or as little as no jail time at all.

Prosecutor Kevin Ward said Fitzpatrick admitted to offering a $5,000 bribe to then-chief building inspector Robert Bonerba in March 2003 in connection with a house being built by Smithtown developer Frank Esposito.

Ward said Fitzpatrick lied on building permits for the developer's house to save money on permit fees and avoid a higher tax liability.

Rocking back and forth in brown loafers and with his hands folded neatly in front of his blue sport coat, Fitzpatrick said only "Yes" and "No" before the judge during the plea.