AUBURN - In 1989, nightclub operator Albert "Albee" J. Brunner IV was called by Auburn police the biggest drug dealer in the city's history. After fleeing to Louisiana prior to the start of his jury trial, Brunner was convicted in absentia of selling $40,000 worth of cocaine.
Brunner has been incarcerated on those convictions for 15 years of a 25-year to life sentence.
Brunner's assigned counsel, Joseph Sapio, made the argument Thursday in Cayuga County Court that Brunner should be resentenced under the 2004 Drug Law Reform Act, which was passed by the state Legislature to reform the Rockefeller-era drug laws.
Brunner qualifies for a potential new sentence under the law's provision for defendants convicted of Class A drug felonies, District Attorney James Vargason said. These defendants now can request a retroactive adjustment of their original sentences to a new sentence range of eight to 20 years.
Judge Peter Corning will review the application from Brunner. Corning can immediately grant the application and readjust the sentence, or hold a hearing on the merits of Brunner's request.
Brunner was arrested in January 1989 in the Auburn Plaza's parking lot on Grant Avenue after arranging a sale with an undercover police officer for 30 ounces of cocaine worth $40,000. Another five ounces was found in a suitcase in Brunner's now-defunct Bedrock Cafe nightclub at 29 Grant Ave.
Brunner had a five-month flight from law enforcement authorities before being captured in November 1989, leaving behind a forfeited $250,000 bail bond.
Brunner's flight embroiled the county in legal fights to recoup the cost of the bond and in a financial investigation of bondsmen Matthew P. Cheche, who wrote Brunner's bail bond through his insurance company when he did not have a license with the insurance company backing the bond. Cheche's father, Ted, also was later arrested for forging his son's name on bogus bail bonds.
Brunner claimed at the time that then-District Attorney Paul Carbonaro and Judge Corning were tapped into the local cocaine trade.
An FBI probe found no evidence to support the allegations.
Corning - the judge who originally sentenced Brunner to 25-years to life in prison - will now be the one reviewing his application to be resentenced under the Drug Law Reform Act.
Also in court:
€ Nicholas Cool, 18, of 312 N. Marvine Ave., Auburn, was sentenced to five years probation for constructing and placing an explosive in the middle of Owasco's Byrne Road in October.
Cool was granted youthful offender status to allow him to continue his life without the disruption from the "stupid things" juveniles do, Judge Peter Corning said.
The pipe bomb was constructed from a six-inch length of pipe with two threaded end caps and butane cigarette lighters. The bomb did not detonate and was successfully defused by members of the Onondaga County Sheriff Office's Bomb Unit.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
Brunner's assigned counsel, Joseph Sapio, made the argument Thursday in Cayuga County Court that Brunner should be resentenced under the 2004 Drug Law Reform Act, which was passed by the state Legislature to reform the Rockefeller-era drug laws.
Brunner qualifies for a potential new sentence under the law's provision for defendants convicted of Class A drug felonies, District Attorney James Vargason said. These defendants now can request a retroactive adjustment of their original sentences to a new sentence range of eight to 20 years.
Judge Peter Corning will review the application from Brunner. Corning can immediately grant the application and readjust the sentence, or hold a hearing on the merits of Brunner's request.
Brunner was arrested in January 1989 in the Auburn Plaza's parking lot on Grant Avenue after arranging a sale with an undercover police officer for 30 ounces of cocaine worth $40,000. Another five ounces was found in a suitcase in Brunner's now-defunct Bedrock Cafe nightclub at 29 Grant Ave.
Brunner had a five-month flight from law enforcement authorities before being captured in November 1989, leaving behind a forfeited $250,000 bail bond.
Brunner's flight embroiled the county in legal fights to recoup the cost of the bond and in a financial investigation of bondsmen Matthew P. Cheche, who wrote Brunner's bail bond through his insurance company when he did not have a license with the insurance company backing the bond. Cheche's father, Ted, also was later arrested for forging his son's name on bogus bail bonds.
Brunner claimed at the time that then-District Attorney Paul Carbonaro and Judge Corning were tapped into the local cocaine trade.
An FBI probe found no evidence to support the allegations.
Corning - the judge who originally sentenced Brunner to 25-years to life in prison - will now be the one reviewing his application to be resentenced under the Drug Law Reform Act.
Also in court:
€ Nicholas Cool, 18, of 312 N. Marvine Ave., Auburn, was sentenced to five years probation for constructing and placing an explosive in the middle of Owasco's Byrne Road in October.
Cool was granted youthful offender status to allow him to continue his life without the disruption from the "stupid things" juveniles do, Judge Peter Corning said.
The pipe bomb was constructed from a six-inch length of pipe with two threaded end caps and butane cigarette lighters. The bomb did not detonate and was successfully defused by members of the Onondaga County Sheriff Office's Bomb Unit.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
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