NORWICH – Two men were sentenced in Chenango County Court on Friday, Feb. 21, 2014.
• Timothy R. Armstrong, 23, Endicott, pled guilty to the charge of criminal possession of a controlled substance in the third degree, and was sentenced to a split sentence of six months incarceration and five years years of probation supervision.
Armstrong had been incarcerated in the Chenango County Correction Facility for more than 270 days, and was given time served by the court and was released from the CCCF.
Chenango County District Attorney Joseph McBride asked the court to give Armstrong one year in state prison and one year of parole.
“There are two reasons, though, that suggests he is working to do the right thing. He was 20 at the time of his initial arrest, and it seems like he’s done a lot of things properly since that time,” said McBride.
“Despite that, what he had originally done was very, very bad,” said McBride. “Bringing drugs to this community is not going to be tolerated.”
Armstrong was charged in 2011 following a drug raid in the City of Norwich.
“He’s done an exceptional job,” said his defense attorney Scott Clippinger. “He served his time, and completed eight month at the Phoenix House. He’s been in Broome County and just got custody of his son. We appreciate that the court is going to allow him to return to his family.”
“I am at the mercy of the court,” said Armstrong. “By the grace of God I have the chance to show up without orange and shackles to pick up my son, and I appreciate that.”
Chenango County Court Judge Frank B. Revoir Jr. said, “I’ve reviewed everything in this file, and I hope you haven’t pulled a fast one on me, sir. This case goes back to 2011 and former Judge Sullivan allowed you to go to Phoenix House and then your mother fell ill and passed away. It appears you have done everything asked of you. There is an unexplained absence with the failure to report to probation, but I’m giving you the benefit of the doubt. The Probation Department lost touch with you, but I’m not holding that against you.”
Revoir told Armstrong that if he violates the terms of his probation, he could serve up to nine years in state prison.
“Most in your shoes go to state prison,” said Revoir, “but you appear to be clean and have been doing everything correctly to turn your life around.”
Armstrong’s fees totalled $375, and $140 that was in his possession was forfeited to the court. Armstrong asked the Judge for the total of the fees after forfeited money was subtracted.
The court notified him that that money does not get credited toward the $375 he must pay to the County Clerk within one year, but did not say where the $140 was to go.
“I appreciate this opportunity, and I will not disappoint,” said Armstrong, who said he would report to the Broome County Probation Department either as soon as he made it to Binghamton on Friday, or on Monday morning.
• Richard H. Talada, 43, Norwich, pled guilty to felony driving while intoxicated on Jan. 17, 2014, and was sentenced in court on Friday.
“This man’s record goes back to 1989,” said McBride. “He has a very long record with numerous felonies, and for those reasons we recommend one to three years in state prison, Judge.”
“This is an agreed upon disposition, your honor, and the defense has nothing further to add,” said Public Defender John Cameron.
“I’m never going to drink and drive again,” said Talada. “I’m never going to drink again.”
Talada was sentenced by the court to one to three years in state prison, $1,520 in fines and charges, a mandatory one year license revocation, and two years conditional discharge of an ignition interlock device, to begin following his release from prison.