Judge denies convict's request for resentencing

By The Citizen

Friday, August 12, 2005 10:13 AM EDT

A man convicted of possessing more than four ounces of heroin in Brutus on June 8, 1989, had his application to be resentenced under the state's reformed drug sentencing guidelines denied in Cayuga County Court Tuesday.
Judge Peter Corning said the reform of the Rockefeller drug laws allowing drug defendants to be resentenced to flat sentences instead of a sentencing range only applies to class A-1 felonies, not A-2 felonies.

Valfonso Dewitt, 50, pleaded guilty to an A-2 felony, second-degree criminal possession of a controlled substance. He was sentenced to five years to life in satisfaction of both federal and state charges.

Dewitt and Otis Glenn were stopped by a state trooper as they headed west on Route 90. Police found a large suitcase in the car that the men said they could not unlock.

They then led police on a high-speed chase.

They abandoned their car on North Street in the city of Auburn and were taken into custody near Auburn High School.

The suitcase was found to be packed with heroin, glassine envelopes, scales and two handguns.

Dewitt posted $15,000 bail in September 1989 and was missing for the next 11 years.

He was apprehended in November 2000.

Glenn was convicted in 1991 of first-degree criminal possession of a controlled substance and sentenced to 25 years to life in prison.

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