Sex crimes, prison contraband, and violation of parole cases in County Court
NORWICH – Three individuals cases were heard this past Monday Nov. 16, in Chenango County Court.
Chenango County Court Judge Frank B. Revoir Jr. presided over each of the cases.
First Assistant District Attorney Michael D. Ferrarese was present on behalf of the people.
• Devon L. Ireland, 20, of Norwich was in Chenango County Court for a violation of parole violation.
Ireland was represented by his attorney Public Defender John Cameron.
“I believe I handled the case originally at his arraignment. We offered two years in state prison and five years post release, that is still the peoples position on this matter. There are some disturbing aspects to this case, this defendant is grooming children and was found in Canasawacta Creek with young children,” said Ferrarese.
The suggestion and request made by the Public Defenders Office was for Ireland to be put into a home for assisted living in the City of Norwich, rather than simply face incarceration.
“He is a convicted sex offender, this home is for people with mental health issues,” said Ferrarese.
“It is for the best interest of the community and my client to spend time in jail then be on probation. This Chenango Housing has an opening for him on Wednesday morning. The language used does not suggest grooming, but that he was simply found talking to these children. I ask that we go ahead with the plea and we set this down for conferencing so we can move forward,” responded Cameron.
“He is a criminal your honor, a convicted sex offender. I am objecting to putting him in this Chenango House. While there he could be unsupervised around people that may be underage,” said Ferrarese.
Ireland's probation officer was present in court and commented on the situation saying, “After his mother was incarcerated, his younger brother went to live with his grandmother, therefore Ireland could no longer live there because his brother was underage. So he was forced to move out.”
Revoir expressed his concerns about sentencing Ireland to state prison saying, “He'll do no more than a year in state prison due to time already served. Then he'll be right back on the streets unsupervised. If I restore his probation then he will have years left of being supervised.”
The probation officer continued saying, “What concerned me wasn’t finding him in the creek, but the conversation I had with him after, he expressed very little to no remorse to being down in that creek with children, which is a violation of his probation.”
“These people at Chenango House know he cant be around anyone under 18-years of age. They will make sure that that does not happen, and as a consequence of his behavior, my client is willing to admit to count one of his indictment as well. He needs help, he needs probation and allowing him to live at this house will do just that. If he has any further contact with minors, then boom he will be off to state prison,” said Cameron.
Due to the conflicting arguments, Revoir adjourned the matter and remanded Ireland back to the Chenango County Correctional Facility.
Ireland will appear in Chenango County Court later today, Wednesday Nov. 18, at 1:30 p.m.
• Michael A. Fletcher, 32, of Bainbridge was in Chenango County Court for purposes of outlining his plea and sentencing agreement.
Fletcher was represented his attorney Geoffrey Rossi.
Rossi indicated that Fletcher was ready to change his plea and enter a guilty plea saying, “he would enter a plea of guilty to the amended charge of attempted burglary.”
After swearing in Fletcher and asking various questions, Revoir read the indictment, “the first count of the amended indictment is the class D attempted burglary in the second degree. That on Oct. 9, 2014 at approximately 12:40 p.m. in a dwelling Bainbridge with intent to commit a crime, and intending to steal controlled substances.”
Fetcher did enter a guilty plea to this charge.
The District Attorney's office prepared a predicate felon statement on the matter which Revoir then read as well, “on March 18, 2013 you were convicted of the felony of grand larceny in the fourth degree.”
Fletcher did confirm that he had been previously convicted of a felony on that date.
“Going to be spending four and a half years in the department of corrections. This defendant violated the victim, tried to steal controlled substances, has previous drug arrests and has used before. He is a drug addict burglar for some time now. Please use your time in prison and five years when you’re done you hopefully will be a successful member of society,” said Ferrarese.
Fletcher was sentenced as a predicate felon to four and a half years in the department of corrections followed by five years post release supervision.
A written waiver of appeal was signed.
• Richard I. Small, 39, of Cortland was represented by Public Defender John Cameron in court.
Small was brought to court from state prison as he has already been convicted of a crime stemming from Cortland County.
Smalls was previously convicted in Cortland County on the charges of attempted possession of a forged instrument in the first degree. Small was sentenced to an indeterminate sentence of three to six years in state prison.
“This matter is scheduled to determine if Mr. Small will reject or accept the District Attorney's plea offer,” stated Revoir before continuing by saying, “this is single count indictment of promoting prison contraband in the first degree a class D felony. If convicted, according to the rap sheet it shows you are a predicate felon, therefore, it would be a minimum of two years to four years incarceration with a maximum sentence of three and a half years to seven years.”
“This matter today is for the defendant to be informed of the plea bargain and his options. He has a choice, if he doesn’t take the offer then it will be withdrawn and I would ask the matter to be set down on the trial calendar,” said Ferrarese.
“Considering it is my best offer now, I don’t seem to have much choice, this is my best alternative. I am not trying to serve any more time than I have to, so I'll take the plea,” said Smalls.
Revoir read the indictment, “on De. 20, 2014 at the CCCF in the Town of Norwich you did knowingly and lawfully possess two orange packets marked N8 of narcotic drugs.”
Smalls entered a plea of guilty to this charge.
“39 years old, this is his fifth conviction, even if he is now incarcerated he is engaging in criminal behavior. He will be sentenced to run concurrently with the Cortland charges in state prison. If he continues to participate in these behaviors he will be spending even more time in prison,” said Ferrarese.
Smalls was sentenced to three and a half years to seven in the New York State Prison to run concurrently with his sentence out of Cortland County.
A written waiver of appeal was signed.
Chenango County Court Judge Frank B. Revoir Jr. presided over each of the cases.
First Assistant District Attorney Michael D. Ferrarese was present on behalf of the people.
• Devon L. Ireland, 20, of Norwich was in Chenango County Court for a violation of parole violation.
Ireland was represented by his attorney Public Defender John Cameron.
“I believe I handled the case originally at his arraignment. We offered two years in state prison and five years post release, that is still the peoples position on this matter. There are some disturbing aspects to this case, this defendant is grooming children and was found in Canasawacta Creek with young children,” said Ferrarese.
The suggestion and request made by the Public Defenders Office was for Ireland to be put into a home for assisted living in the City of Norwich, rather than simply face incarceration.
“He is a convicted sex offender, this home is for people with mental health issues,” said Ferrarese.
“It is for the best interest of the community and my client to spend time in jail then be on probation. This Chenango Housing has an opening for him on Wednesday morning. The language used does not suggest grooming, but that he was simply found talking to these children. I ask that we go ahead with the plea and we set this down for conferencing so we can move forward,” responded Cameron.
“He is a criminal your honor, a convicted sex offender. I am objecting to putting him in this Chenango House. While there he could be unsupervised around people that may be underage,” said Ferrarese.
Ireland's probation officer was present in court and commented on the situation saying, “After his mother was incarcerated, his younger brother went to live with his grandmother, therefore Ireland could no longer live there because his brother was underage. So he was forced to move out.”
Revoir expressed his concerns about sentencing Ireland to state prison saying, “He'll do no more than a year in state prison due to time already served. Then he'll be right back on the streets unsupervised. If I restore his probation then he will have years left of being supervised.”
The probation officer continued saying, “What concerned me wasn’t finding him in the creek, but the conversation I had with him after, he expressed very little to no remorse to being down in that creek with children, which is a violation of his probation.”
“These people at Chenango House know he cant be around anyone under 18-years of age. They will make sure that that does not happen, and as a consequence of his behavior, my client is willing to admit to count one of his indictment as well. He needs help, he needs probation and allowing him to live at this house will do just that. If he has any further contact with minors, then boom he will be off to state prison,” said Cameron.
Due to the conflicting arguments, Revoir adjourned the matter and remanded Ireland back to the Chenango County Correctional Facility.
Ireland will appear in Chenango County Court later today, Wednesday Nov. 18, at 1:30 p.m.
• Michael A. Fletcher, 32, of Bainbridge was in Chenango County Court for purposes of outlining his plea and sentencing agreement.
Fletcher was represented his attorney Geoffrey Rossi.
Rossi indicated that Fletcher was ready to change his plea and enter a guilty plea saying, “he would enter a plea of guilty to the amended charge of attempted burglary.”
After swearing in Fletcher and asking various questions, Revoir read the indictment, “the first count of the amended indictment is the class D attempted burglary in the second degree. That on Oct. 9, 2014 at approximately 12:40 p.m. in a dwelling Bainbridge with intent to commit a crime, and intending to steal controlled substances.”
Fetcher did enter a guilty plea to this charge.
The District Attorney's office prepared a predicate felon statement on the matter which Revoir then read as well, “on March 18, 2013 you were convicted of the felony of grand larceny in the fourth degree.”
Fletcher did confirm that he had been previously convicted of a felony on that date.
“Going to be spending four and a half years in the department of corrections. This defendant violated the victim, tried to steal controlled substances, has previous drug arrests and has used before. He is a drug addict burglar for some time now. Please use your time in prison and five years when you’re done you hopefully will be a successful member of society,” said Ferrarese.
Fletcher was sentenced as a predicate felon to four and a half years in the department of corrections followed by five years post release supervision.
A written waiver of appeal was signed.
• Richard I. Small, 39, of Cortland was represented by Public Defender John Cameron in court.
Small was brought to court from state prison as he has already been convicted of a crime stemming from Cortland County.
Smalls was previously convicted in Cortland County on the charges of attempted possession of a forged instrument in the first degree. Small was sentenced to an indeterminate sentence of three to six years in state prison.
“This matter is scheduled to determine if Mr. Small will reject or accept the District Attorney's plea offer,” stated Revoir before continuing by saying, “this is single count indictment of promoting prison contraband in the first degree a class D felony. If convicted, according to the rap sheet it shows you are a predicate felon, therefore, it would be a minimum of two years to four years incarceration with a maximum sentence of three and a half years to seven years.”
“This matter today is for the defendant to be informed of the plea bargain and his options. He has a choice, if he doesn’t take the offer then it will be withdrawn and I would ask the matter to be set down on the trial calendar,” said Ferrarese.
“Considering it is my best offer now, I don’t seem to have much choice, this is my best alternative. I am not trying to serve any more time than I have to, so I'll take the plea,” said Smalls.
Revoir read the indictment, “on De. 20, 2014 at the CCCF in the Town of Norwich you did knowingly and lawfully possess two orange packets marked N8 of narcotic drugs.”
Smalls entered a plea of guilty to this charge.
“39 years old, this is his fifth conviction, even if he is now incarcerated he is engaging in criminal behavior. He will be sentenced to run concurrently with the Cortland charges in state prison. If he continues to participate in these behaviors he will be spending even more time in prison,” said Ferrarese.
Smalls was sentenced to three and a half years to seven in the New York State Prison to run concurrently with his sentence out of Cortland County.
A written waiver of appeal was signed.
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