Cocaine dealer tests positive after furlough, gets 5 years

NORWICH – A 27-year-old man accused of trafficking cocaine between Norwich and Syracuse was sentenced on Monday to five years in state prison.
Richard D. Tyler’s original plea deal – which he accepted on Sept. 23 – called for a four-year sentence in the New York State Correctional Facility. His sentencing, however, was postponed when Judge W. Howard Sullivan granted Tyler a week-long furlough to get his affairs in order and spend time with family, including his young daughter. On Sept. 30, Tyler was a no-show at county court, and his sentencing was postponed once again to Oct. 3.
District Attorney Joseph McBride’s subsequent request that a warrant be issued for Tyler’s arrest was denied by the court at that time.
Tyler had been warned by Sullivan he could – and most likely would – be tested for any illegal substances once he returned for sentencing. On Monday, prior to his sentence being handed down, Tyler tested positive for Oxycontin, an opiate-based, over the counter prescription pain medication.
According to Tyler, he had taken three pills the night before he was to appear in court due to back pain. In his defense, he said he “had no idea what they were” and that he would “not have taken them” if he’d known they were narcotics.
“It wasn’t intentional,” he added.
The furlough, said Tyler, offered him a chance to reconsider his direction in life.
Judge Sullivan, however, said he found Tyler’s excuse far-fetched.
“You’re telling me all of these wonderful things,” said Sullivan, who added he did not believe the story in the least. “I’m insulted you would think I’d believe it.”
Tyler was immediately taken into custody following his sentence of five years in state prison, with three years post release supervision.

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