NORWICH – Cases involving sex abuse and marijuana were heard in Chenango County Court on Monday.
Judge Frank B. Revoir Jr. was the Chenango County Court Judge presiding over each of the cases.
District Attorney Joseph A. McBride was present on behalf of the people.
• Kyle J. Hackett appeared in court with his attorney George Hildebrandt, in order to outline the offer of a plea and sentence agreement.
Hackett is charged with rape in the first degree, a class B felony; sexual abuse, a class D felony; and endangering the welfare of a child, a class A misdemeanor.
McBride noted that prior to this court date, First Assistant District Attorney Michael Feraresee handled this case but the offer on the table was a sentence of three years.
Hilderbrandt indicated that his client has openly expressed that he rejected this offer from the District Attorney’s Office.
“If you were to plea guilty to this lesser charge, you would be sentenced to a determinate sentence of three years in the New York State Department of Corrections, with a mandatory three years of post release supervision,” Revoir explained. “If you choose to take this to trial and are convicted of the top count, the court will then be limited in what they can do. The minimum sentence then would be five years incarceration, five years post release, and the maximum you could be sentenced to is 25 years incarceration with post release. Do you still intend to reject the offer from the District Attorney?”
“Yes I do,” answered Hackett.
At this time the McBride and the District Attorney’s Office withdrew their plea offer.
Revoir then set the matter down to go to trial.
As the upcoming trial schedule is not complete, the date for the trial will be determined at a later date.
• Devan Cooke appeared in Chenango County Court with his attorney Alyssa Congdon in order for a possible change of plea and sentencing.
Cooke recently had entered a not guilty plea to the charge of criminal possession of marijuana in the second degree, a class D felony.
If Cooke were to change his plea to guilty, the offer from the District Attorney’s Office is one-year incarceration in the New York State Department of Corrections with one-year post release, as well as being placed into the SHOCK program for drug rehabilitation.
Congdon explained that Cooke would only ask Revoir to recommend him for the SHOCK program but not mandate it, as Cooke would like the ability to choose if he would like to participate.
During the initial questioning from Revoir, it was made known that Cooke has been in three different rehab programs for drug addiction as well as out patient, with the most recent instance coming this past summer of 2015.
Revoir read the indictment of the charges, “The first count charges you with the class D felony of criminal possession of marijuana in the second degree. On March 8, 2015 at approximately 3:55 p.m. in Norwich and with concert with one or more others you possessed one or more mixtures containing marijuana with an approximate weight of 664 grams of marijuana.”
Cooke did change his plea to guilty at this time and verbally waived his right to appeal.
McBride then continued to question Cooke asking, “You came to our town with how much, two pounds about, were you going to sell it?”
“Bought it here, I was going to smoke it,” answered Cooke.
After further questioning from McBride Cooke changed his answer saying claiming he bought it up north and brought it into Norwich.
Congdon then asked if sentencing could be adjourned in order for her client to finish up school and spend the holiday months with his family.
“I am going to continue to deny this request of adjournment because he is no stranger to being incarcerated,” said Revoir.
A motion was made by the District Attorney’s Office for the money found on Cooke at the time of the arrest be forfeited at this time.
Revoir granted this request, “I’ll order that $2000 or however much was found on you be forfeited. I’ll add that this about marijuana offenses, in this country the tide seems to be turning in the publics perception, but as of now it is still very illegal.”
Cooke was sentenced to one-year determinate sentence in the New York State Department of Corrections with one-year post release supervision. Revoir did note that he would only recommend the SHOCK program as requested.
A written waiver of appeal was signed.
• Jaideep Singh appeared from the Chenango County Correctional Facility on a two-count charge with his assigned Public Defender John Cameron.
Cameron explained that he has tried to meet with Singh previously but due to the fact that Singh cannot speak English he has asked for a translator.
It was made known that Singh speaks his native language of Hindi, and is thought to be an illegal immigrant.
Singh has been charged with rape in the second degree, a class D felony; and endangering the welfare of a child, a misdemeanor.
“I ask that you remand him back and bail has been set at $30,000 and $300,000 bond. He is an illegal immigrant and therefore he has reason to flee, I ask for $50,000 bail and $500,000 bond.”
Revoir acknowledged the need to have a translator present in future court proceedings.
Cameron did enter not guilty pleas to both charges for Singh.
An order of protection was also issued for the victim.
“The victim said he spoke English perfectly fine before he was arrested,” stated McBride.
“Then I don’t know why he wouldn’t even talk to me as I am his attorney,” responded Cameron.
Revoir adjourned the matter until a translator could be contacted and brought in.