Sex offender gets one year; ‘you can change’ says Revoir
NORWICH – Convicted sex offender, 26-year-old Anthony J. Biviano of Norwich, pleaded guilty to failing to register his change of address as a sex offender and was sentenced to one year of incarceration at the county jail.
Biviano was convicted of the violent felony of attempted rape in the second degree in April of 2009.
According the New York State Sex Offender Registry, he had sexual intercourse and sexual contact with a non-stranger 13-year-old female victim.
Biviano was arrested in January of this year for failing register his address as sex offenders are required to by law and was charged with a class E felony.
After being released on his own recognizance by Norwich City Court regarding the charge of failing to register as a sex offender, authorities said it was later discovered that Biviano intentionally provided a false address to the Norwich City Police Department when he was arrested and to the court when he was arraigned for the charge.
He was then charged with a second felony for filing a false statement, which was later reduced to a misdemeanor.
Once charged with a second felony, on Jan. 13, 2015, Biviano was remanded to the Chenango County Correctional Facility in lieu of $5,000 cash bail or $10,000 bond. He has been incarcerated at the county jail since.
Earlier this month, Biviano pleaded guilty to the class A misdemeanor of filing a false statement in Norwich City Court and was sentenced to six months incarceration at the county jail.
On April 22, 2015, Biviano appeared in Chenango County Court and pleaded guilty to the class E felony of failure to register or verify as a sex offender.
According to his public defender John Cameron and the indictment, Biviano moved from his Silver Street residence in the City of Norwich before Christmas of 2014 and as of Jan. 10, 2015 failed to notify authorities of his move to an unknown address within 10 days.
Regarding Biviano's criminal history, District Attorney Joseph A. McBride said, “Unfortunately Mr. Biviano and I go back 10 years.”
“You still look like you are 12,” said McBride to Biviano. “Your parents came [to court] in the past, but they are not here now. You have to grow up and become a productive member of society. People are fed up with seeing you in the court.”
Cameron requested Judge Frank B. Revoir, Jr. have Biviano's County Court sentence of incarceration for the class E felony run concurrent or at the same time as his City Court sentence of incarceration for the class A misdemeanor.
The DA objected and said after Biviano was arrested for the class E felony, he gave authorities the wrong address and also mislead the court by lying to Judge Downey about where he lived.
“Two separate events and two separate crimes,” said McBride. “And because of his long history, if the court does not sentence him consecutively, there is absolutely no punishment for what he did.”
“We are only talking about a few weeks,” said Cameron regarding the amount of extra overlap time if the sentences were to run consecutively.
Revoir said he would not order the sentence to run concurrent and that Biviano would serve his full sentences for both charges.
“You have a horrendous wrap sheet for someone as young as yourself. You do look like you are about 12 years old. You were a juvenile delinquent and given a break because you were a product of the environment you grew up in,” said Revoir.
Revoir also said taxpayers have “paid a ton of money” for Biviano to be in group homes, receive help from the Department of Social Services and more.
“Turn things around and prove to this community that you aren't a product of your environment,” said Revoir. “If you put your mind to it, you can change.”
Revoir said if Biviano continues to engage in criminal behavior, he will receive state prison sentences.
“It becomes not whether or not you go to prison, but how long,” said Revoir.
Revoir also reminded Biviano of his children and how he sets the example for them.
“Don't be a product of your environment,” said Revoir to Biviano. “Turn around and do something different.”
Before Biviano was escorted out of the courtroom, Revoir said to Biviano, “I meant what I said. You can change.”
“I want to. It's not what I want. I don't want to be in jail,” said Biviano.
Biviano was sentenced to a one year definite sentence of incarceration at the county jail.
Biviano was convicted of the violent felony of attempted rape in the second degree in April of 2009.
According the New York State Sex Offender Registry, he had sexual intercourse and sexual contact with a non-stranger 13-year-old female victim.
Biviano was arrested in January of this year for failing register his address as sex offenders are required to by law and was charged with a class E felony.
After being released on his own recognizance by Norwich City Court regarding the charge of failing to register as a sex offender, authorities said it was later discovered that Biviano intentionally provided a false address to the Norwich City Police Department when he was arrested and to the court when he was arraigned for the charge.
He was then charged with a second felony for filing a false statement, which was later reduced to a misdemeanor.
Once charged with a second felony, on Jan. 13, 2015, Biviano was remanded to the Chenango County Correctional Facility in lieu of $5,000 cash bail or $10,000 bond. He has been incarcerated at the county jail since.
Earlier this month, Biviano pleaded guilty to the class A misdemeanor of filing a false statement in Norwich City Court and was sentenced to six months incarceration at the county jail.
On April 22, 2015, Biviano appeared in Chenango County Court and pleaded guilty to the class E felony of failure to register or verify as a sex offender.
According to his public defender John Cameron and the indictment, Biviano moved from his Silver Street residence in the City of Norwich before Christmas of 2014 and as of Jan. 10, 2015 failed to notify authorities of his move to an unknown address within 10 days.
Regarding Biviano's criminal history, District Attorney Joseph A. McBride said, “Unfortunately Mr. Biviano and I go back 10 years.”
“You still look like you are 12,” said McBride to Biviano. “Your parents came [to court] in the past, but they are not here now. You have to grow up and become a productive member of society. People are fed up with seeing you in the court.”
Cameron requested Judge Frank B. Revoir, Jr. have Biviano's County Court sentence of incarceration for the class E felony run concurrent or at the same time as his City Court sentence of incarceration for the class A misdemeanor.
The DA objected and said after Biviano was arrested for the class E felony, he gave authorities the wrong address and also mislead the court by lying to Judge Downey about where he lived.
“Two separate events and two separate crimes,” said McBride. “And because of his long history, if the court does not sentence him consecutively, there is absolutely no punishment for what he did.”
“We are only talking about a few weeks,” said Cameron regarding the amount of extra overlap time if the sentences were to run consecutively.
Revoir said he would not order the sentence to run concurrent and that Biviano would serve his full sentences for both charges.
“You have a horrendous wrap sheet for someone as young as yourself. You do look like you are about 12 years old. You were a juvenile delinquent and given a break because you were a product of the environment you grew up in,” said Revoir.
Revoir also said taxpayers have “paid a ton of money” for Biviano to be in group homes, receive help from the Department of Social Services and more.
“Turn things around and prove to this community that you aren't a product of your environment,” said Revoir. “If you put your mind to it, you can change.”
Revoir said if Biviano continues to engage in criminal behavior, he will receive state prison sentences.
“It becomes not whether or not you go to prison, but how long,” said Revoir.
Revoir also reminded Biviano of his children and how he sets the example for them.
“Don't be a product of your environment,” said Revoir to Biviano. “Turn around and do something different.”
Before Biviano was escorted out of the courtroom, Revoir said to Biviano, “I meant what I said. You can change.”
“I want to. It's not what I want. I don't want to be in jail,” said Biviano.
Biviano was sentenced to a one year definite sentence of incarceration at the county jail.
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