NORWICH – Michael B. Mack, 26, of Utica New York appeared in Chenango County Court on August 3, 2015 before Chenango County Court Judge Frank B. Revoir Jr. for the purpose of a possible change of plea.
Mack – known by his street name 'Murder' – appeared in court with his attorney Sean Becker, who was filling in for Mack’s original attorney, Alyssa Congdon.
Assistant District Attorney Michael D. Ferrarese spoke on behalf of the people.
Prior to this latest court date, Mack was arrested for and charged with criminal possession of a controlled substance with intent to sell in the third degree, a class B felony; criminal possession of a controlled substance in the seventh degree, a class A misdemeanor; and tampering with physical evidence a class E felony. Mack previously entered a plea of not guilty to the top charge of criminal possession of a controlled substance in the third degree.
This arrest occurred after a traffic stop in which Mack was said to be the passenger in the vehicle. Mack was found to be smoking marijuana when the driver was stopped on June 5, 2015.
Kristine Tiffany, 31, of Norwich was the driver of the vehicle during the traffic stop. During the time when both Mack and Tiffany were taken into custody, it is alleged that they attempted to conceal crack cocaine on their persons. Mack was found to be in possession of crack cocaine and an amphetamine based substance at the time the arrest was made.
However, Mack is not a new-comer to the Chenango County Court system. According to the New York State Department of Corrections, Mack served state time for criminal possession of a controlled substance in the third degree in 2010.
Mack was also one of the four individuals arrested following a nine-hour, multi-agency search after a reported home invasion burglary took place in the Otsego County town of Butternuts in August of 2014.
According to The Evening Sun archives, Mack was arrested on drug charges four times in 2012. March 9, 2012, Mack was cited for unlawful possession of marijuana. On March 14, 2012, he was charged following a City of Norwich drug bust with criminal possession of a controlled substance in the seventh degree and first degree loitering.
Mack was additionally arrested in November 2012 and was charged with first degree loitering, a class B misdemeanor; seventh degree criminal possession of a controlled substance, a class A misdemeanor; second degree criminally using drug paraphernalia, a class A misdemeanor; criminal possession of a hypodermic instrument, a class A misdemeanor; and unlawful possession of marijuana, a violation.
Revoir began the court proceedings by asking Becker if Mack may in fact be changing his plea to guilty. In which Becker responded “Correct.”
“At this time, the people aren’t seeking any property (money), that was seized,” said Ferrarese.
Four years in the New York State Department of Corrections facility with one and a half years post release supervision is what the court offered as a potential sentence if a plea of guilty was in fact given from Mack. This is subject to the court and attorneys involved during the sentencing hearing.
At this time, Mack’s right hand was unshackled in order to swear under oath about the statements. Mack was asked if he truly wished to change his plea from not guilty to guilty and to testify to the charges he was being indicted under.
“June 5th in the Town of Norwich with another individual you were found to be in possession of one rock of crack cocaine, which weighed 3.5 grams with intent to sell,” said Revoir as he read the statement of the incident.
Mack subsequently entered a plea of guilty at this time. “Yes, your honor,” said Mack when asked if he wished to enter the plea of guilty. Mack verbally agreed to sign a waiver of appeal form at the sentencing hearing, however, no physical waiver of appeal forms were signed.
The court accepted the plea of guilty at this time. Revoir then ordered that the probation department make a report on the matter so sentencing can take place.
As this was only a court hearing on a potential change of plea, the court can only take the plea, and can not place a sentence on Mack at this time. The court was adjourned for a sentencing hearing, which will take place on September 14, 2015 at 1:30 p.m. in Chenango County Court.
No fees, fines or surcharges were imposed at this time.
Mack was remanded back to the Chenango County Correction Facility to await his sentencing hearing.
“Michael Mack comes into our community selling drugs to the citizens, he's not from our area. Anytime we can get an out of town drug dealer off the streets it's a good day,” said Ferrarese.