Man gets eight years for drugs

By Amaris Elliott-Engel / The Citizen

Wednesday, June 6, 2007 10:03 AM EDT

An Auburn man was sentenced in Cayuga County Court Tuesday to eight years in state prison, three years post-release supervision and $320 in state fees for possessing 18 ounces of cocaine, which according to police, is worth more than $50,000.
Miguel Caban, 45, with a last known address of 78 Orchard St., also waived his interest in $4,430 in cash, according to Chief Assistant District Attorney Jon Budelmann, who prosecuted the case. Caban's plea to the Class A felony of second-degree criminal possession of a controlled substance satisfied the felony charges of first-degree criminal possession of a controlled substance, third-degree criminal possession of a narcotic drug and second-degree conspiracy.

Caban and another man, Olvin Ventura, have admitted traveling to Philadelphia to buy drugs.

Katy Karlovitz represented Caban, who has four prior felonies, three of them drug-related.

He was sentenced to 17 years to life in prison in 1986, serving until 2002 for the conviction of first-degree criminal possession of a controlled substance, Budelmann said.

Ventura is scheduled to be sentenced June 12. Codefendant Mary Stotler, 27, of 78 Orchard St., Auburn, was sentenced last week to three years probation for the misdemeanor of fifth-degree conspiracy.

Her probation includes the condition she keep away from inmates or parolees, including Caban, who has been part of her personal life for several years.

Justice Thomas VanStrydonck, the Administrative Judge of the Seventh Judicial District, filled in for Cayuga County Surrogate Judge Mark Fandrich as Fandrich recovers from surgery.

Also in court:

€ Marshall Miller, 27, of 44 Phelps St., Lyons, was sentenced to 2.5 years in state prison, two years post-release supervision and $320 in state surcharges for the felony of attempted third-degree criminal sale of a controlled substance. Miller sold crack to a police informant around 12:19 p.m. Oct. 16, 2006 in Auburn.

The case of Miller's codefendant, Maurice Southall, 26, also of Lyons, is still pending.

€ Antonio Pedraza, 40, of the Bronx and former state prisoner, was sentenced to 1.5 to two years in state prison for the felony of first-degree attempted possession of dangerous contraband. Pedraza possessed a stabbing-type weapon in Auburn Correctional Facility Sept. 1, 2006.

Pedraza was discharged last fall from Southport Correctional Facility after his sentence maxed out. He was serving two to four years for a Bronx County conviction of the felonies of first-degree attempted promotion of prison contraband and fifth-degree criminal sale of a controlled substance.

€ A 16-year-old girl, who was granted youthful offender status, was sentenced to six months in the Cayuga County Jail and five years probation for the felony of third-degree robbery. The girl, along with two juveniles, previously admitted to robbing another 16-year-old girl of her purse on Burt Avenue in Auburn March 12.

The girl also was sentenced to pay $125 in restitution toward the girl's purse and the fingernails the girl broke fighting off her assailants and which the victim had paid for with a National Honor Society stipend, Budelmann said.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net

The Citizens' Say

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There are 12 comment(s)

Nick wrote on Jun 7, 2007 11:37 AM:

" Well Budellman your really cracking down on these NON VIOLENT Drug offenders. 18 ounces of blow is alot to brag about for the prosecution end of this. LOL you sent Miguel away and 20 other emerged. Some of these offenders are addicts. Why was'nt that mentioned? Miguel had been in rehab at his own expense in another County. You may have won the battle but your still losing the WAR on drugs. However if this gives you a paycheck I guess I can see your point in charging these people LIKE you allways do. "

To Marty wrote on Jun 7, 2007 11:03 AM:

" Now that's not nice. To judge a community by the actions of a few creeps. Our citizens are wonderful, law abiding people. Your comment offends far too many. To generalize the citzentry like this is wrong. "

JIm wrote on Jun 7, 2007 10:18 AM:

" Good job by the cops! 18 onces is a lot of cocaine glad to see its off the street and the money isnt in the drug dealers pocket. "

Sick and tired wrote on Jun 6, 2007 10:38 PM:

" of seeing this kind of activity in our city. Law enforcement needs to round these creeps up and ship them all out of the city prison to an obsolete location. "

SYL wrote on Jun 6, 2007 9:11 PM:

" I WILL NEVER UNDERSTAND HOW AND WHY SOME CAN GET OFF SCOTT FREE AND DO NO JAIL OR ANYTHING,NOTHING AND YET OTHERS GET JAIL TIME AND LOTS MORE THINGS TO====NOTHING EVER MAKES ANY SENSE TO ME AT ALL. THIS GOES FOR ALL RACES======= KEEP SMILING IS DAILY A ROUTINE TO DO\\\\ "

Drug Users wrote on Jun 6, 2007 5:43 PM:

" Get these ex-cons outta here! These convicts are dirty people and that is the only way of life that they know. Ship em outta here. I thought it was a condition of parole to get them integrated back with their families and make sure they have jobs. Not that it matters..... they'll make more money selling drugs anyway. "

AJ wrote on Jun 6, 2007 5:11 PM:

" This whole "war on drugs" is a complete disaster and a fraud. It can never be won and it is time that we start seriously considering a different approach. It is not a criminal issue but a health issue, and far too many resources are spent endlessly trying to eradicate a "problem" that cannot be eradicated. It can be mitigated though, but the lawyers, cops, and prison industry lobby hard to maintain the status quo since they make a bundle off of this filthy corrupt system. "

just me wrote on Jun 6, 2007 4:34 PM:

" to the concerned citizen criticizing probation and parole officers: a large percent of drug dealers DO NOT use drugs. The one's on probation and parole know that cocaine only stays in your system a few days and cannot be detected after 4-5 days of use. Before you start running your mouth, know what your talking about. "

R W A wrote on Jun 6, 2007 4:09 PM:

" When the jail birds time is up there should be a bus waiting to take them back to N Y. I guess the time they are getting is not enough. They go out and do it all over again "

concerned parent wrote on Jun 6, 2007 3:58 PM:

" If the probation officer and parole officer would do there job there maynot be all these drugs coming into Auburn. I know so many people on probation or parole and there are drinking and doing drugs.Make these felons pay for a drug test ever week and maybe they will stay clean or get the help they need instead of getting people to do drugs to help feed there habit. It is real bad in Auburn come on all probation officer and parole officer get doing your job to protect our kids and grandkids, get the druggies off the street, start putting serious pressure on the felons who will just keep breaking the law if you are not going to stop them.DO YOUR JOB AND SAVE AUBURN BEFORE ITS TO LATE. "

Wa-C-Ya wrote on Jun 6, 2007 12:53 PM:

" This guy was from Downstate...got out of Auburn Prison, and set-up shop here. Any more phony liberals want to say "Ex-cons never stay in Auburn" Yah Right!!! "

Marty wrote on Jun 6, 2007 12:33 PM:

" Wow. My husband and I both over guessed the amount of jail time for 18 ounces of cocaine. Did I read that correctly??? Theres good news and bad news in this. The bad news is more criminals will come to Cayuga County to set up shop...The good news is another cheap house is available on Orchard St, and has hubby points out, we could probably pay for it, merely by dusting it for cocaine and re-selling the coke! Nice job. Maybe new marketing for the town should be, "Auburn, a small town with a big crack habit". Its shameful really....C'mon Cayuga County..."SAY NO TO DRUG DEALERS" "

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