The Citizen
AUBURN - Cayuga County Judge Peter Corning scolded a defense attorney for "whining" during his defense of clients in Cayuga County Court Thursday and postponed his decision on one of the lawyer's cases for two weeks until the judge calmed down.
During a probation violation proceeding, defense attorney Michael Bass said he didn't know what the court was doing by holding a probation hearing for Gregory Latz, 28, of 12047 Route 34, Cato.
Corning said they were going through the proceeding because by state law county probation officers must request a sentencing hearing to ascertain the penalties for a probation violator.
"I don't think I'll sentence him when I'm in a bad mood," Corning said.
Latz was placed on probation in Onondaga County Court in 2002 for a felony charge of aggravated criminal contempt.
Latz said he was prescribed painkillers by a doctor and became addicted to them.
Also in court:
• Kenneth Babiarz, 38, of 33 N. Division St., Auburn, was sentenced to one to three years in prison, a $1,000 fine and a $295 surcharge for his fifth driving while intoxicated conviction.
In Babiarz's latest conviction, he admitted he drove with a 0.12 percent blood alcohol count Aug. 15 on Slayton Road in Conquest.
Babiarz expressed remorse about his heavy drinking.
"I'm from the country; I thought liquor couldn't take a part of me but it did," Babiarz said.
Corning said similar arguments of remorse and lessons learned were probably extended before Babiarz's prior convictions, and that if Babiarz drove drunk again and harmed someone in an accident, Corning would be faulted for showing leniency.
• Anthony Jones Jr., 21, of Rochester, was sentenced to two to six years in prison for a charge of third-degree attempted criminal sale of a controlled substance. His plea to that charge was in satisfaction to charges of two counts of third-degree criminal sale of a controlled substance and two counts of third-degree criminal possession of a controlled substance.
Jones was ruled eligible for shock camp, and if he is approved by the state Department of Correctional Services, he could serve six months in a boot-camp setting, and then be on parole. Jones will serve the state prison term if he does not successfully complete shock camp.
Corning also ruled that Jones must pay $450 in restitution to the Finger Lakes Drug Task Force and waived the mandatory state surcharge. The task force made the restitution request, saying that they used that much "buy money" during four undercover sales with Jones.
Jones' vehicle was stopped Oct. 12 by officers from the task force on the corner of Seminary Avenue and the Arterial Highway as part of a narcotics investigation. Jones had previously sold crack cocaine Sept. 9 to an undercover police officer.
Bass said that Jones did not have a prior record.
"Young kids from Rochester make the same mistakes kids make anywhere," Bass said.
Corning countered that Jones was a "high level dealer" who came from out of town to sell drugs in Auburn.
• Luis Rivera, 54, of 90 Grove St., Union Springs, pleaded guilty to felony charges of third-degree grand larceny and first-degree filing a false instrument.
Rivera admitted that he renewed his certification to receive food stamps and other welfare services from the county department of Social Services, despite receiving $300 to $440 per week from worker's compensation.
Rivera's sentencing is scheduled for March 10.
• James Roberts, 41, of 49 East Drive, Auburn, was sentenced to four months of community service with the Cayuga County Building and Grounds Department and three years of conditional discharge for a charge of third-degree criminal possession of stolen property.
Roberts admitted he was in possession of a stolen 1999 Dodge pickup from Braverman Auto Sales in Waterloo. Roberts was pulled over while driving the pickup Oct. 25 on Route 5 in Aurelius. It was the same vehicle he had taken for a test drive from Braverman Auto Sales months earlier and then returned. The car was stolen later that same day.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
During a probation violation proceeding, defense attorney Michael Bass said he didn't know what the court was doing by holding a probation hearing for Gregory Latz, 28, of 12047 Route 34, Cato.
Corning said they were going through the proceeding because by state law county probation officers must request a sentencing hearing to ascertain the penalties for a probation violator.
"I don't think I'll sentence him when I'm in a bad mood," Corning said.
Latz was placed on probation in Onondaga County Court in 2002 for a felony charge of aggravated criminal contempt.
Latz said he was prescribed painkillers by a doctor and became addicted to them.
Also in court:
• Kenneth Babiarz, 38, of 33 N. Division St., Auburn, was sentenced to one to three years in prison, a $1,000 fine and a $295 surcharge for his fifth driving while intoxicated conviction.
In Babiarz's latest conviction, he admitted he drove with a 0.12 percent blood alcohol count Aug. 15 on Slayton Road in Conquest.
Babiarz expressed remorse about his heavy drinking.
"I'm from the country; I thought liquor couldn't take a part of me but it did," Babiarz said.
Corning said similar arguments of remorse and lessons learned were probably extended before Babiarz's prior convictions, and that if Babiarz drove drunk again and harmed someone in an accident, Corning would be faulted for showing leniency.
• Anthony Jones Jr., 21, of Rochester, was sentenced to two to six years in prison for a charge of third-degree attempted criminal sale of a controlled substance. His plea to that charge was in satisfaction to charges of two counts of third-degree criminal sale of a controlled substance and two counts of third-degree criminal possession of a controlled substance.
Jones was ruled eligible for shock camp, and if he is approved by the state Department of Correctional Services, he could serve six months in a boot-camp setting, and then be on parole. Jones will serve the state prison term if he does not successfully complete shock camp.
Corning also ruled that Jones must pay $450 in restitution to the Finger Lakes Drug Task Force and waived the mandatory state surcharge. The task force made the restitution request, saying that they used that much "buy money" during four undercover sales with Jones.
Jones' vehicle was stopped Oct. 12 by officers from the task force on the corner of Seminary Avenue and the Arterial Highway as part of a narcotics investigation. Jones had previously sold crack cocaine Sept. 9 to an undercover police officer.
Bass said that Jones did not have a prior record.
"Young kids from Rochester make the same mistakes kids make anywhere," Bass said.
Corning countered that Jones was a "high level dealer" who came from out of town to sell drugs in Auburn.
• Luis Rivera, 54, of 90 Grove St., Union Springs, pleaded guilty to felony charges of third-degree grand larceny and first-degree filing a false instrument.
Rivera admitted that he renewed his certification to receive food stamps and other welfare services from the county department of Social Services, despite receiving $300 to $440 per week from worker's compensation.
Rivera's sentencing is scheduled for March 10.
• James Roberts, 41, of 49 East Drive, Auburn, was sentenced to four months of community service with the Cayuga County Building and Grounds Department and three years of conditional discharge for a charge of third-degree criminal possession of stolen property.
Roberts admitted he was in possession of a stolen 1999 Dodge pickup from Braverman Auto Sales in Waterloo. Roberts was pulled over while driving the pickup Oct. 25 on Route 5 in Aurelius. It was the same vehicle he had taken for a test drive from Braverman Auto Sales months earlier and then returned. The car was stolen later that same day.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
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