CHENANGO – Judge Frank B. Revoir Jr. presided over Chenango County Court Monday, March 28, where he subsequently sentenced two men – in unrelated incidents – on the charge of attempted criminal possession of a controlled substance in the third degree, a class C felony.
First Assistant District Attorney, Michael D. Ferrarese represented the people of Chenango County on this matter.
• Frederick Harty Jr., 50, of Classic Street in Sherburne was previously arrested in October of 2015 on drug related charges involving the narcotic drug heroin.
Hardy Jr. was arrested by members of the Chenango County Sheriff’s Office, with help from the City of Norwich and Village of Sherburne police departments who conducted a ‘no-knock’ search warrant at the residence of 30 Classic St. in the Village of Sherburne.
Authorities allegedly uncovered heroin, scales, packaging material, and unidentified pills that were kept in the residence unlawfully.
Harty was charged with criminal possession of a controlled substance with intent to sell in the third degree, a class B felony; criminal nuisance in the first degree; criminal possession of a controlled substance in the seventh degree; and criminally possessing drug paraphernalia.
At the time, Harty was arraigned in the Town of Norwich Court and remanded to the Chenango County Correctional Facility on $20,000 cash bail.
Harty was in County Court with his attorney Lauren Carlson, for the purposes of a possible change of plea and sentence.
The District Attorney's Office had a plea bargain offer on the table that required Harty to enter a plea of guilty to a reduced charge of attempted criminal possession of a controlled substance in the third degree, a class C felony.
In return Harty was to receive a determinate sentence of four years in the New York State Department of Corrections followed by two post-release supervision.
Carlson did clarify on the record that this plea bargain to the reduced top charge was going to be in full satisfaction of any outstanding charges on this matter in Chenango County.
Revoir read the indictment saying, “On October 17, 2015, at 30 Classic Street in the Town of Sherburne and in concert with another. You did attempt to possess heroin with intent to sell.”
Harty did enter a plea of guilty at this time.
“The defendant stands before the court for possessing heroin and intending to sell. He is not a young man and has made decisions to support his lifestyle by selling drugs,” said Ferrarese. “One of the purchasers overdosed from the drugs he sold and was brought back to life using Narcan. This is a life choice to sell drugs, and you will get caught eventually. He will still be in his fifties when he gets out. Good luck.”
Harty chose to not make a statement on the record.
Carlson, his attorney, spoke on his behalf saying, “There is more to you than this today, you are a father, a husband, a friend. You suffer from addiction and haven’t had a chance to get into treatment to get the help you need. I hope you are able to change your life and I wish you the best.”
Revoir then did officially sentence Harty to four years in state prison followed by two years post-release supervision.
A written waiver of appeal was signed at the conclusion of the matter.
• John E. Strong Jr., 43, of Norwich was in County Court as well to possibly enter a plea of guilty and be sentenced.
Strong was arrested at approximately 10:09 p.m. on Friday Nonmember 27, of 2015.
Strong was arrested by members of Norwich Police Department who responded to an unattached garage at 88 East Main Street in Norwich, after a trespassing complaint was called in.
At the time of the arrest, Strong was charged with two counts of criminal possession of a controlled substance in the third degree, a class B felony; criminal nuisance in the first degree, a class E felony; criminally using drug paraphernalia in the second degree, a class A misdemeanor; and criminal possession of marijuana in the fifth degree, a class B misdemeanor.
The NPD did find and arrest five other individuals in the residence including: Nathaniel J. Jenkins; Cheyenne M. Davenport, 19, Norwich; Diana R. Essig, 29, of Lebanon, Penn.; Lori M. Brooks, 35, of Unadilla; and Delta D. Burns, 40 of Norwich.
Jenkins is still currently remanded as of today’s date at the CCCF in lieu of $50,000 cash bail.
Davenport, Essig, Brooks and Burns were all released on misdemeanor charges.
It is alleged that heroin, crack and marijuana as well as drug paraphernalia were recovered from the residence by the Norwich Police Department.
Strong was remanded to the CCCF on $20,000 cash bail at the time of the arrest.
Strong was represented by attorney James Ferrari, who was standing in for Strong's original attorney Mike Trosett, in court Monday.
Ferrari stated for the record that the understanding was that Strong was to be sentenced to a split sentence of six months at the CCCF followed by five years probationary sentence and being placed on drug treatment court.
Revoir stated for the record that this agreed upon disposition was correct but further stated that part of the agreement was for Strong to truthfully testify if needed against any of his co-defendants in future court cases.
Revoir then read the indictment, “Reduced count one of the indictment. The class C felony of attempted criminal possession of a controlled substance in the third degree, that on November 27, 2015 at 88 East Main Street and in concert with others you did attempt to possess 30 plastic wraps of cocaine with intent to sell.”
Strong did enter his plea of guilty at this time.
“This is a C felony conviction split with treatment court. Hopefully the defendant will be able to stop using drugs. You are now required to testify against any and all co-defendants,” said Ferrarese. “The most important thing is you remain truthful and adhere to the guidelines of probation when you are released. I wish you the best of luck.”
It was made known in open court that the five co-defendants, Nathaniel J. Jenkins, Cheyenne M. Davenport, Diana R. Essig, Lori M. Brooks, and Delta D. Burns, were named and confirmed at being at the residence on the date of the arrest.
A seventh individual was identified as 'J-Man' or 'Joe Man.'
It has been confirmed by the District Attorney’s Office that this individual identified as J-Man or Joe-Man is in fact Joseph C. Jenkins.
Joseph Jenkins currently has an outstanding warrant out for his arrest.
It should be noted that Joseph Jenkins is a convicted felon, who was sent to state prison in 2010 for the charges of criminal sale of a controlled substance in the second degree, a class A2 felony; criminal possession of a controlled substance in the third degree, a class B felony; and criminal sale of a controlled substance in the third degree, a class B felony.
Jenkins was sentenced to seven years but was released in December of 2014 on parole.
Revoir concluded the matter by stating, “I have reviewed your history and this is a real opportunity for you to address your addiction problems, as well as there being a punishment component to the matter. Treatment Court is intended to help you lead a law-abiding life.”
Strong was then sentenced to the split sentence of six months at the CCCF with the credit of time served, followed by five years probation and treatment court upon release.
A written waiver of appeal was signed.