Port Crane man allegedly stole Smithville man's $6K ATV

NORWICH – Port Crane man accused of stealing an ATV from a Smithville residence and Norwich man accused of possessing more than 16 ounces of marijuana were arraigned in Chenango County Court.
• John E. Fassett, 28, Port Crane, was indicted on Dec. 17, 2014 for grand larceny in the third degree, a class D felony and petit larceny, a class A misdemeanor.
It is alleged on July 28 at approximately 4:30 a.m. at a Collier Road residence, in the Town of Smithville, Fassett did steal property belonging to a Smithville resident. He allegedly stole an Arctic Cat 500 ATV 4-wheeler with an approximate value of $6,000.
Fassett was arraigned on Jan. 5 for the class D felony of grand larceny in the third degree and the class A misdemeanor of petit larceny.
He pleaded not guilty on both counts.
First Assistant District Attorney Michael D. Ferrarese said Fassett was released on his own recognizance regarding the charges he was being arraigned on. He also said Fassett had an additional charge out of the Town of Greene, which bail had been set for.
Despite being “RORed” on his current charges and bail being set for the additional charge out of Chenango County, Fassett is being held in the Broome County jail for charges pending out of Broome County.
Ferrarese requested bail be set at $3,000 cash.
Fassett's public defender, David Sonn, did not object to bail being set at $3,000 cash since his client is already remanded. He also acknowledged that bail must be set in order for the time Fassett is incarcerated to count towards the current charges.
Judge Frank B. Revoir, Jr. set bail at $3,000 cash or $30,000 bond.
Sonn said Fassett is going to be sentenced to two to four years in state prison on Jan. 9 by Broome County Court. He requested Fassett receive a furlow to work on his father's home before going to prison.
“His father was recently diagnosed with a debilitating condition. He would have to get a furlow from Broome too obviously, but we ask that he get a furlow from you so he can handle these housekeeping matters, said Sonn.
Regarding sentencing for his crimes out of both Broome and Chenango County, Fassett said to Revoir, “Broome said something about making my sentences concurrent.”
Revoir denied Fassett's request for a furlow “for now” and said he would “revisit it later.”
“As for making your sentences concurrent, it is a little early to determine that now,” said Revoir.
Fassett is to appear in court at a later date.
• Wayne E. Church, Sr., 32, Norwich, was indicted on Dec. 17, 2014 for criminal possession of marijuana in the second degree, a class D felony.
It is alleged on August 31, 2014, at approximately 4:30 a.m., at 41 Mitchell St. in the City of Norwich, Church –while acting in concert with others– did knowingly and unlawfully possess marijuana which had the aggregate weight of 1,606 grams (more than 16 ounces).
Church was arraigned on Jan. 5 for the class D felony of criminal possession of marijuana in the second degree.
He pleaded not guilty.
According to Ferrarese, bail was not set by the local court because of Church's prior felony conviction. He was remanded without bail.
Church was last convicted of a felony on Dec. of 2012, and he has two prior felony convictions. Ferrarese said this is “at least” Church's third felony charge.
“Given the fact this is not his first time committing a felony, I would request bail be set at $10,000 cash,” said Ferrarese.
Church's public defender, James Cameron did not object to Ferrarese's bail request.
Revoir set bail in the amount of $10,000 cash or $20,000 bond.
Church is to appear in court at a later date.

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