Motions made for judicial diversion in State Street drug raid case
NORWICH – On Friday, Oct. 9, 2015, Shaun P. Sullivan, 34, of Norwich appeared in Chenango County Court in a related matter to his previous arrest.
Sullivan made motions with Chenango County Drug Court Coordinator, James Everard, for a possible judicial diversion on the matter.
The Court made it known that according to their records, Sullivan did meet all the criteria to seek a judicial diversion.
Judicial diversion is an alternative to incarceration. A program that if the criteria is met, can seek to rehabilitate the alleged criminal outside of jail-time, similar to probation.
Sullivan appeared with his attorney, Scott Clippinger, who presented a hand written letter to the court.
Joseph A. McBride was in court on behalf of the people of Chenango County.
McBride made it known that the District Attorney's Office heavily opposed this action of placing Sullivan on judicial diversion.
“I oppose this action, he is a criminal. Mr. Sullivan is facing a possible 15-years to life sentence. Basing this decision of the defendant’s evaluation in drug court and his statements is not scientific at all. The defendant has every reason in the world to not be honest with you, he knows how to play the system,” said McBride.
Clippinger responded saying, “My client has a long criminal history, but it is all because of drug addiction. I believe that what has been done in the past and what is currently being done is not solving the issue, and long-term treatment is appropriate. If he is going to be successful, he must be drug free and prison hasn’t done that for him.”
McBride went on to explain that Sullivan has two prior felonies on his record, regardless of what the felonies were, Sullivan can be labeled a persistent felon and that is why the possible sentencing can be so high.
“I will review all documents and statements, and I will make a ruling on judicial diversion,” said Revoir.
Sullivan was previously involved in a no-knock search warrant arrest that took place on, Friday, Nov. 7, 2014, at approximately 9:20 p.m. NPD officers forcibly entered a single-family residence, located on 12 State Street in the city of Norwich, with the authority of a search warrant signed by Chenango County Court Judge Frank B. Revoir, Jr.
After forcibly gaining entrance into the residence, NPD officers arrested three people for alleged crimes and seized large quantities of heroin, “crack” cocaine and cash.
There was also a child under the age of 12 found inside the residence at the time the NPD officers entered the residence last November.
The three arrests followed an investigation that began when officers were notified of a high amount of traffic to and from the residence.
Miguel Abreu, 28, of Brooklyn, Shaun Sullivan, 34, and Samantha Remillard, 34, both of Norwich, were all arrested and held in the Norwich City Jail pending their arraignment.
All three of the defendants were charged with: two counts of criminal possession of a controlled substance in the third degree, a class B felony; criminal possession of a controlled substance in the seventh degree, a class A misdemeanor; criminally using drug paraphernalia, a class A misdemeanor; criminal nuisance in the first degree, a class E felony; endangering the welfare of a child, a class A misdemeanor.
Since the time of the arrest, both Abreu, and Remillard have appeared in Chenango County Court. Both Abreu and Remillard have pleaded guilty to their top charge.
Further, Remillard did testify per questioning from District Attorney, Joseph A. McBride, that she was aware that Sullivan was dealing drugs out of their State Street apartment.
Sullivan was remanded to the Chenango County Correctional Facility where he has been since the arrest without bail.
Sullivan made motions with Chenango County Drug Court Coordinator, James Everard, for a possible judicial diversion on the matter.
The Court made it known that according to their records, Sullivan did meet all the criteria to seek a judicial diversion.
Judicial diversion is an alternative to incarceration. A program that if the criteria is met, can seek to rehabilitate the alleged criminal outside of jail-time, similar to probation.
Sullivan appeared with his attorney, Scott Clippinger, who presented a hand written letter to the court.
Joseph A. McBride was in court on behalf of the people of Chenango County.
McBride made it known that the District Attorney's Office heavily opposed this action of placing Sullivan on judicial diversion.
“I oppose this action, he is a criminal. Mr. Sullivan is facing a possible 15-years to life sentence. Basing this decision of the defendant’s evaluation in drug court and his statements is not scientific at all. The defendant has every reason in the world to not be honest with you, he knows how to play the system,” said McBride.
Clippinger responded saying, “My client has a long criminal history, but it is all because of drug addiction. I believe that what has been done in the past and what is currently being done is not solving the issue, and long-term treatment is appropriate. If he is going to be successful, he must be drug free and prison hasn’t done that for him.”
McBride went on to explain that Sullivan has two prior felonies on his record, regardless of what the felonies were, Sullivan can be labeled a persistent felon and that is why the possible sentencing can be so high.
“I will review all documents and statements, and I will make a ruling on judicial diversion,” said Revoir.
Sullivan was previously involved in a no-knock search warrant arrest that took place on, Friday, Nov. 7, 2014, at approximately 9:20 p.m. NPD officers forcibly entered a single-family residence, located on 12 State Street in the city of Norwich, with the authority of a search warrant signed by Chenango County Court Judge Frank B. Revoir, Jr.
After forcibly gaining entrance into the residence, NPD officers arrested three people for alleged crimes and seized large quantities of heroin, “crack” cocaine and cash.
There was also a child under the age of 12 found inside the residence at the time the NPD officers entered the residence last November.
The three arrests followed an investigation that began when officers were notified of a high amount of traffic to and from the residence.
Miguel Abreu, 28, of Brooklyn, Shaun Sullivan, 34, and Samantha Remillard, 34, both of Norwich, were all arrested and held in the Norwich City Jail pending their arraignment.
All three of the defendants were charged with: two counts of criminal possession of a controlled substance in the third degree, a class B felony; criminal possession of a controlled substance in the seventh degree, a class A misdemeanor; criminally using drug paraphernalia, a class A misdemeanor; criminal nuisance in the first degree, a class E felony; endangering the welfare of a child, a class A misdemeanor.
Since the time of the arrest, both Abreu, and Remillard have appeared in Chenango County Court. Both Abreu and Remillard have pleaded guilty to their top charge.
Further, Remillard did testify per questioning from District Attorney, Joseph A. McBride, that she was aware that Sullivan was dealing drugs out of their State Street apartment.
Sullivan was remanded to the Chenango County Correctional Facility where he has been since the arrest without bail.
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