County court hears high number of guilty pleas
NORWICH – A number of defendants pleaded guilty to wide variety of felony level crimes in Chenango County Court Monday, including an admitted marijuana dealer asking for leniency without any plea bargain.
• Michael F. Dibbell, 51, New Berlin, pleaded guilty to second degree criminal possession of marijuana, a D class felony. Just prior to his plea, Dibbell had his attorney, Public Defender Alan Gordon, request additional time to prepare for trial. The case was set to go before a jury this week. Gordon asked Chenango County Court Judge W. Howard Sullivan to grant an adjournment so Dibbell could hire private counsel and prepare for trial.
Sullivan denied the request, saying the defendant had been aware his trial was scheduled for more than a month. Immediately following the denial, Dibbell told the judge he would be willing to plead guilty to the only count against him Monday and seek judicial diversion, a program that allows leniency for those suffering from substance abuse.
Sullivan accepted the plea, but told Dibbell he would have to apply for the program without any guarantees – if he was denied he could face a maximum of four years in prison.
District Attorney Joseph McBride said Dibbell had similar past felony convictions involving drugs.
Dibbell was originally indicted for the same charge he pleaded guilty to, criminal possession of marijuana.
The Town of New Berlin Police Department arrested Dibbell on Sept. 2, confiscating 35 maturing marijuana plants from his home that produced more than a pound of the drug.
Dibbell’s property along County Route 28 was raided by the New Berlin PD and the New York State Police said he was originally charged in the case with growing cannabis, a misdemeanor.
Officers searched the 70-acre property with the aid of a helicopter and allegedly seized marijuana plants, estimated to have a street value of $25,000 to $35,000.
Police said many of the maturing plants were around 6 to 7 feet tall and were hidden among thick foliage and thorn bushes about quarter of mile into a wooded area.
A number of other defendants also pleaded guilty Monday.
• James J. Matsko pleaded guilty to driving while intoxicated, an E class felony, and was sentenced to one year in the Chenango County Correctional Facility. He was also ordered to pay 1,520 in fines and surcharges and install an ignition interlocking device on any vehicle he was to own. Matsko was originally indicted in February for aggravated DWI, DWI, and first degree aggravated unlicensed operation of a motor vehicle, all E class felonies. The indictment stated Matsko was arrested at midnight Jan. 31 in the Town of North Norwich while traveling along State Highway 12. It reported that police found Matsko under the influence and driving with a license suspended for a previous alcohol related charge.
The indictment reported that he was convicted of DWI on July 10, 2007 in Norwich City Court and of DWAI on July 2, 2007 in Town of Oxford Court.
• Courtney N. Lugg, 23, Utica, pleaded guilty to second degree possession of a forged instrument, a D class felony and was sentenced to 60 day in jail and five years probation. Lugg, who is several months pregnant, will not begin her incarceration until March 1, 2011, so she can give birth and care for her newborn.
She was originally indicted on charges of second degree forgery and second degree possession of a forged instrument, both D Class felonies.
The indictment claims Lugg counterfeited a personal check and then signed a victim’s name to it in order to cash $562.25 at a Sherburne business Aug. 29.
• Justin M. Higgs, 20, Bainbridge pleaded guilty to third degree burglary, a D class felony, and was sentenced to six months jail and five years probation. He will also have to pay an amount of restitution to the victim to be determined at a future court hearing.
He was originally indicted on charges of second and third degree burglary, C and D class felonies, after he allegedly entered a residence with other co-defendants in the Village of Bainbridge and stole a jar of loose change on Sept. 2. He was also charged with petit larceny at the time, a misdemeanor.
• Joseph A. Friedel, 24, South New Berlin, pleaded guilty to second degree assault after striking a man and breaking his jaw on a Village of New Berlin Street, July 17, 2009. He was sentenced to one year in jail and will have to pay restitution back to the victim whose jaw was broken during the incident. The victim told the court his medical bills were around $6,000 but the court held off on ordering the repayment pending hospital documentation.
• Troy F. Price, 40, Syracuse, pleaded guilty to fourth degree grand larceny, an E class felony, and was sentenced to nine months in jail for stealing a vehicle worth around $1,800, Dec. 19, 2008. Price was ordered to pay restitution, but a final amount will be decided at a future court hearing.
• Michael F. Dibbell, 51, New Berlin, pleaded guilty to second degree criminal possession of marijuana, a D class felony. Just prior to his plea, Dibbell had his attorney, Public Defender Alan Gordon, request additional time to prepare for trial. The case was set to go before a jury this week. Gordon asked Chenango County Court Judge W. Howard Sullivan to grant an adjournment so Dibbell could hire private counsel and prepare for trial.
Sullivan denied the request, saying the defendant had been aware his trial was scheduled for more than a month. Immediately following the denial, Dibbell told the judge he would be willing to plead guilty to the only count against him Monday and seek judicial diversion, a program that allows leniency for those suffering from substance abuse.
Sullivan accepted the plea, but told Dibbell he would have to apply for the program without any guarantees – if he was denied he could face a maximum of four years in prison.
District Attorney Joseph McBride said Dibbell had similar past felony convictions involving drugs.
Dibbell was originally indicted for the same charge he pleaded guilty to, criminal possession of marijuana.
The Town of New Berlin Police Department arrested Dibbell on Sept. 2, confiscating 35 maturing marijuana plants from his home that produced more than a pound of the drug.
Dibbell’s property along County Route 28 was raided by the New Berlin PD and the New York State Police said he was originally charged in the case with growing cannabis, a misdemeanor.
Officers searched the 70-acre property with the aid of a helicopter and allegedly seized marijuana plants, estimated to have a street value of $25,000 to $35,000.
Police said many of the maturing plants were around 6 to 7 feet tall and were hidden among thick foliage and thorn bushes about quarter of mile into a wooded area.
A number of other defendants also pleaded guilty Monday.
• James J. Matsko pleaded guilty to driving while intoxicated, an E class felony, and was sentenced to one year in the Chenango County Correctional Facility. He was also ordered to pay 1,520 in fines and surcharges and install an ignition interlocking device on any vehicle he was to own. Matsko was originally indicted in February for aggravated DWI, DWI, and first degree aggravated unlicensed operation of a motor vehicle, all E class felonies. The indictment stated Matsko was arrested at midnight Jan. 31 in the Town of North Norwich while traveling along State Highway 12. It reported that police found Matsko under the influence and driving with a license suspended for a previous alcohol related charge.
The indictment reported that he was convicted of DWI on July 10, 2007 in Norwich City Court and of DWAI on July 2, 2007 in Town of Oxford Court.
• Courtney N. Lugg, 23, Utica, pleaded guilty to second degree possession of a forged instrument, a D class felony and was sentenced to 60 day in jail and five years probation. Lugg, who is several months pregnant, will not begin her incarceration until March 1, 2011, so she can give birth and care for her newborn.
She was originally indicted on charges of second degree forgery and second degree possession of a forged instrument, both D Class felonies.
The indictment claims Lugg counterfeited a personal check and then signed a victim’s name to it in order to cash $562.25 at a Sherburne business Aug. 29.
• Justin M. Higgs, 20, Bainbridge pleaded guilty to third degree burglary, a D class felony, and was sentenced to six months jail and five years probation. He will also have to pay an amount of restitution to the victim to be determined at a future court hearing.
He was originally indicted on charges of second and third degree burglary, C and D class felonies, after he allegedly entered a residence with other co-defendants in the Village of Bainbridge and stole a jar of loose change on Sept. 2. He was also charged with petit larceny at the time, a misdemeanor.
• Joseph A. Friedel, 24, South New Berlin, pleaded guilty to second degree assault after striking a man and breaking his jaw on a Village of New Berlin Street, July 17, 2009. He was sentenced to one year in jail and will have to pay restitution back to the victim whose jaw was broken during the incident. The victim told the court his medical bills were around $6,000 but the court held off on ordering the repayment pending hospital documentation.
• Troy F. Price, 40, Syracuse, pleaded guilty to fourth degree grand larceny, an E class felony, and was sentenced to nine months in jail for stealing a vehicle worth around $1,800, Dec. 19, 2008. Price was ordered to pay restitution, but a final amount will be decided at a future court hearing.
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