Chenango County Court reaches sentences for drug and burglary cases

NORWICH ­ – Takell S. Henry, 19, of Herkimer, appeared in Chenango County Court on Friday July 31, 2015.
Henry appeared in court on his own accord and was accompanied by his attorney Anthony LaFache. Henry appeared in court previously and was found guilty of possession of controlled substance; the matter was adjourned for sentencing purposes.
It is alleged by the court that Henry was in possession of a controlled sentence with intent to sell, as he was arrested after attempting to sell to an undercover police officer.
“It is unfortunate that this young man was in the community selling drugs. He’s going to state prison, it’s unfortunate that he’s so young, but he needs to understand his actions affect our community,” said Chenango County District Attorney, Joseph A. McBride.
Prior to this most recent court appearance and sentencing, the charges were criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree. Henry was facing a penalty to a class B felony. The court has since lowered this class B felony to a class D felony.
LaFache asked the court and the people, per request from his client, for a possible different sentence due to Henry being out currently with good behavior as well as having a child due to be born soon.
“Won’t be a miscarriage of justice to move forward with the sentencing,” said Chenango County Court Judge Frank B. Revoir Jr.
Revoir went on to offer Henry a mandated or recommended entry into the Shock program, a program for drug and alcohol counseling. Revoir went on to explain that if it is not mandated by the court there would be no guarantee that Henry would be accepted into the program.
Henry spoke with his attorney and asked for only the recommendation on the matter. “Make the recommendation,” said Henry.
At this time Revoir made the recommendation as requested.
Bail on this matter was originally set at 75,000 dollars, but was revoked in December of last year by the Chenango County Court.
“You’re still a young man, you’ll get out and still have three quarters of your life left to live. Hopefully you come out a law abiding citizen after learning some things,” said Revoir.
Henry at this time was sentenced to six months incarceration in the Chenango County Correctional Facility with one year post release supervision.
All court fees, fines, and surcharges were waived at this time. Henry then executed and signed a written waiver of appeal and was handcuffed.
• Justin L. Brownell, 23, of Bainbridge was appeared in Chenango County court with his attorney Zachary Wentworth, who was filling in for Chenango County Public Defender John Cameron.
Brownell appeared in court on the matter of sentencing stemming from a situation in which he allegedly broke into and burglarized a home.
Prior to this court date, Brownell entered a guilty plea on July 20th to attempted burglary a class D felony.
“Brownell stands before the court for breaking into a residence, he will pay restitution to the victims involved. Although nothing of great wealth was stolen, the victim doesn’t feel safe in his own house. You’ll get one last break as a member of our community. However, I ask that you change your life, don’t get involved with people in criminal activity once you’re out,” said McBride.
“This is your third theft, people pride their property. Besides the loss of property, it creates fear in the community, people feel they have to install cameras and such; it changes the lives of people. You said you get a rush from stealing, I was a little disturbed when I read that,” said Revoir.
Revoir stated that once Brownell serves his sentence and is released, a minimum payment of 75 dollars, due on or before the 15th of each month must be made. The total restitution owed is a total of $1,389 dollars paid to the victim.
At this point, Brownell acknowledged the court and asked if he can start paying the restitution ahead of time.
Brownell was subsequently sentenced to a split sentence of six months incarceration in the Chenango County Correctional Facility followed by five years probation post release.
“You will be on probation when you get out, if you’re found to be in violation, we will be subjected to a possible re-sentence for a maximum of seven years incarceration with three years probation. Don’t let that happen and good luck to you sir,” said Revoir.
• Jaymes R. Small, 27, of Smithville also appeared in Chenango County Court with his attorney Zachary Wentworth, once again filling in for John Cameron.
Small entered the court with possible intent to change his plea from not guilty to guilty on a charge stemming from a February arrest where he was charged with burglary, a class D felony.
It is alleged by the court, that on February 2nd, 2015 at 2:00 p.m. in the Town of Smithville, Small committed larceny of various household appliances and items.
At this time Small enters a plea of guilty to this charge, the court accepted his plea. Small was sentenced to a split sentence of six months incarceration in the Chenango County Correctional Facility following five year post release probation.
This sentence is set to run concurrently with a sentence out of the Town of Smithville.
“Went into a trial, had a relationship with the victim, now you can’t act like a thief. It is apparent that theft goes down when he is jail. When he gets out he is going to be under the microscope, good luck sir,” said McBride.
“Change things around, I wish you good luck sir. You’re too old to be engaging in this type of activity,” said Revoir.
Revoir made it clear at this point that once Small serves his sentence and is released, a minimum payment of 75 dollars, due on or before the 15th of each month must be made. The total restitution owed is a total of 608 dollars paid to the victim.
Small informed the court that he does have work set up following his release.
The court imposed no further fines, fees, or surcharges at this time.
Revoir concluded by warning Small that once he is released he will be on probation and that if probation is willfully violated Small also could face the maximum re-sentence of seven years incarceration followed by three years probation on the matter.

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