NORWICH – Cases involving cocaine, heroin and the manufacture of methamphetamine were heard throughout the day this past Monday in Chenango County Court.
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.
• Mary E. Franklin, of Norwich was in court to answer to her charge of criminal possession of a controlled substance.
Franklin was present with her attorney, Donald Kelly.
Kelly indicated that his client did intend to enter a plea of guilty to the charge.
Revoir read the indictment, “The third count of the indictment is criminal possession of a controlled substance in the seventh degree, a class A misdemeanor. On January 8, 2014 in Norwich on County Road 32 while in concert with others you were found to be in possession of the controlled substance cocaine.”
Franklin did plea guilty to this charge at this time.
McBride then asked to proceed to sentencing despite the pre plea investigation process being old. This action was not opposed by either the prosecution or defense.
“This is your first arrest, you were found in a car with two other drug dealers who are now in state prison. You have cooperated and turned your life around since then, this is why you are able to plea to the lesser charge of the indictment today. I have no problem letter her plea to the misdemeanor charge, to show that she has been successful this far,” said McBride.
Kelly then spoke on behalf of his client, “I just want the court and the people to know the tremendous strides that Ms. Franklin has made. She is even involved with helping others with their drug problems now.”
“This is an epidemic in New York and all over the country. You have no rap sheet, it just seems that you got caught up in the wrong crowd. You’ve stepped up and engaged in treatment, you have even started your own AA group, so that has all been factored in,” added Revoir.
Franklin was sentenced to three years probation on this charge.
A DNA fee of $50 was imposed but no other fines fees or surcharges were added on.
All bail was exonerated at this time and a written waiver of appeal was signed.
• Brandon M. Birch, of Harpursville appeared in Chenango County Court with his attorney Alyssa Congdon in order for a possible change of plea and sentencing.
Birch was present in court to answer to the charge of the first count of his indictment, criminal possession of a controlled substance in the third degree, a class B felony.
Congdon did inform the court that Birch was reader to change his plea and move to sentencing.
After the initial questioning from Revoir it was revealed that Birch has last been treated for a drug addiction in 2013.
“The first count of the indictment is a class B felony of criminal possession in the third degree. On February 27, 2015 in the Town of Afton and while in concert with another individual, you did have five individual packaged bags of heroin on you with intent to sell,” read Revoir.
Birch changed his plea from not guilty and entered a guilty plea.
“You were involved with your co-defendant, you were helping, but you were the lesser of the two involved. You are a young man, but you will have to go to State Prison now. Right now you look to be in great physical health, I am guessing that is probably because you have been incarcerated and away from the drugs on the streets. Good luck sir,” added McBride.
Birch was given a chance to speak on his own behalf, “I just want to apologize. I am an addict, and I relapsed. I'll be the first to admit my transgressions. But everything should be used as a positive.”
Birch was sentenced to two years in the New York State Department of Corrections with a one year post release supervision, as part of an agreed upon disposition. Birch must also participate in the SHOCK program for drug rehab while incarcerated.
A written waiver of appeal was signed at this time.
• Cody A. Bush, 27, appeared in Chenango County Court with his attorney Alyssa Congdon in order for a possible change of plea and sentencing.
Bush appeared to possibly change his plea to guilty on the second count of his indictment charging him with the unlawful manufacture of methamphetamine in the third degree, a class D felony.
“On October 10, 2014 in Greene in concert with others and with the intent to sell you had various objects and substances used to unlawfully manufacture methamphetamine.
Bush entered a guilty plea to this charge.
“Too old to be in front of this court, you are 27 now. You look healthier now than you did when you were arrested. When you get out, if you go back to drugs you will ruin your life. I just hope you get out and do something productive with your life,” said McBride.
Bush was given a chance to speak, “I disagree with Mr. McBride and the District Attorney’s Office, it is unfair to send an addict to a high risk environment like state prison.”
“You will be in the SHOCK program, which is far more intensive than any other drug rehab program offered. So you will be in that for six months,” added Revoir.
“People need to know that he was not just using drugs. He was making methamphetamine, leaving dangerous material around, hurting other people. If I knew that this was going to be Mr. Bush's attitude, then we can proceed to trial and I will be sure to put him away for as long as possible,” said McBride.
After speaking with his attorney briefly, the court was informed that Bush did wish to proceed with sentencing and not move the matter to trial.
Bush was sentenced to two years in the New York State Department of Corrections with a one year post release supervision.
“Being locked up keeps you away from the drug world. At the very least you will now have to answer to the people at the state prison as to why you have made these comments today. But I still feel you meet the requirements for the SHOCK program and that it will benefit you,” said Revoir.
A written waiver of appeal was signed at this time.