AUBURN - A 16-year-old buried his face in his hands and sobbed quietly as he was sentenced to six months in Cayuga County Jail.
Paul J. Driscoll, with a last known address of 3 Sheridan St., Auburn, was sentenced to six months in jail and 5 years probation in Cayuga County Court Thursday. He pleaded guilty in June to burglarizing eight residences in Auburn and Owasco from Nov. 29 to Dec. 18, 2006.
Driscoll apologized for his actions. “I know what I did was wrong,” Driscoll said. “I was very scared and I didn't know what to do.”
Chief Assistant District Attorney Jon Budelmann argued for a sentence of 2 1/3 to 7 years in state prison based upon not only the string of burglaries, but also his juvenile record, reflecting a past burglary and assault and a juvenile delinquent status.
“He's had a number of bites at the apple,” he said. “He had a number of chances to wake up and stop the behavior.”
Defense attorney Richard Mitchell asked the court for probation, citing Driscoll's age, status as a special needs student and his familial background - his parents are separated - as mitigation.
“He's 16 years old, your honor,” Mitchell said. “He's a child.”
Judge Thomas Leone, who had said that this was one of the hardest decisions he has had to make during his eight months on the bench, dismissed probation as a “slap on the wrist” and state prison time as too harsh a punishment.
“I want to put you in jail for a year and then probation, but I'm not authorized to do that,” he said, adding that it was either six months and probation or one year in the county jail or up to 2 1/3 to 7 years in state prison.
Also in court:
€Darren M. Carroll, 35, of Apt. 2, 614 Hickory St., Syracuse, was sentenced to five years shock probation with the first six months to be served in the Cayuga County Jail for the felonies of fifth-degree criminal sale of a controlled substance and second-degree criminal possession of a forged instrument for possessing a fraudulent driver's license.
Carroll, wanted by the Auburn City Police since 1999 on drug charges, had been living under the name Diono R. Dabney and employed by the Wal-Mart store in Camillus. When questioned by the police, Carroll presented a New York driver's license in that name but with his photograph.
“I have done some things in the past that I regret,” Carroll said.
Leone said he was impressed that he has led a law-abiding life in the past eight years.
€Thomas Anderson, of Utica, was sentenced to two to four years parole supervision for the felony of fourth-degree criminal possession of stolen property. Such a sentence includes time served at a drug treatment facility. Anderson, 43, of 1623 Brinkerhoff Ave., Utica, was in possession of a stolen 32-inch, flat-panel Sharp LCD television, DVD recorder and three paintball sets from Wal-Mart in Auburn worth $1,577.
Leone recognized that a substance abuse addiction had played a role in Anderson's criminal record, which dates back to 1988. All of the crimes committed were theft-related.
€Barbara Leveque-Smith, 31, of Staten Island and currently held in the Cayuga County Jail, was sentenced to five years probation for the felonies of first-degree promoting prison contraband and fifth-degree criminal possession of a controlled substance.
Leveque-Smith brought marijuana and heroin into Auburn Correctional Facility May 19 in an attempt to give them to an inmate.
“I want to apologize to you and to the community,” she said. “I was wrong. I will never do this again.”
Tears rushed from her eyes as she addressed the court, heaving loud sobs and making her words inaudible. She took a minute to regroup, and then spoke again: “I've had time to reflect on my decision.”
€Dale Massi, of 6 Syracuse, was sentenced to three years parole supervision and three years of post-release supervision for the felony of fifth-degree criminal sale of a controlled substance.
Massi admitted to selling crack cocaine on Jan. 5, 2006.
Defense attorney David Elkovitch said that, despite Massi's extensive criminal history, which dates back to 1981, Massi was since March 2006 trying to turn his life around. Massi recognized that he had a substance abuse issue and is now in recovery. “I've entered a drug rehab and I'm here to accept responsibility for the actions I've committed,” Massi said. “I'd like to put this behind me and focus on my recovery.”
Staff writer Alyssa Sunkin can be reached at alyssa.sunkin@lee.net or 253-5311 ext.239
Driscoll apologized for his actions. “I know what I did was wrong,” Driscoll said. “I was very scared and I didn't know what to do.”
Chief Assistant District Attorney Jon Budelmann argued for a sentence of 2 1/3 to 7 years in state prison based upon not only the string of burglaries, but also his juvenile record, reflecting a past burglary and assault and a juvenile delinquent status.
“He's had a number of bites at the apple,” he said. “He had a number of chances to wake up and stop the behavior.”
Defense attorney Richard Mitchell asked the court for probation, citing Driscoll's age, status as a special needs student and his familial background - his parents are separated - as mitigation.
“He's 16 years old, your honor,” Mitchell said. “He's a child.”
Judge Thomas Leone, who had said that this was one of the hardest decisions he has had to make during his eight months on the bench, dismissed probation as a “slap on the wrist” and state prison time as too harsh a punishment.
“I want to put you in jail for a year and then probation, but I'm not authorized to do that,” he said, adding that it was either six months and probation or one year in the county jail or up to 2 1/3 to 7 years in state prison.
Also in court:
€Darren M. Carroll, 35, of Apt. 2, 614 Hickory St., Syracuse, was sentenced to five years shock probation with the first six months to be served in the Cayuga County Jail for the felonies of fifth-degree criminal sale of a controlled substance and second-degree criminal possession of a forged instrument for possessing a fraudulent driver's license.
Carroll, wanted by the Auburn City Police since 1999 on drug charges, had been living under the name Diono R. Dabney and employed by the Wal-Mart store in Camillus. When questioned by the police, Carroll presented a New York driver's license in that name but with his photograph.
“I have done some things in the past that I regret,” Carroll said.
Leone said he was impressed that he has led a law-abiding life in the past eight years.
€Thomas Anderson, of Utica, was sentenced to two to four years parole supervision for the felony of fourth-degree criminal possession of stolen property. Such a sentence includes time served at a drug treatment facility. Anderson, 43, of 1623 Brinkerhoff Ave., Utica, was in possession of a stolen 32-inch, flat-panel Sharp LCD television, DVD recorder and three paintball sets from Wal-Mart in Auburn worth $1,577.
Leone recognized that a substance abuse addiction had played a role in Anderson's criminal record, which dates back to 1988. All of the crimes committed were theft-related.
€Barbara Leveque-Smith, 31, of Staten Island and currently held in the Cayuga County Jail, was sentenced to five years probation for the felonies of first-degree promoting prison contraband and fifth-degree criminal possession of a controlled substance.
Leveque-Smith brought marijuana and heroin into Auburn Correctional Facility May 19 in an attempt to give them to an inmate.
“I want to apologize to you and to the community,” she said. “I was wrong. I will never do this again.”
Tears rushed from her eyes as she addressed the court, heaving loud sobs and making her words inaudible. She took a minute to regroup, and then spoke again: “I've had time to reflect on my decision.”
€Dale Massi, of 6 Syracuse, was sentenced to three years parole supervision and three years of post-release supervision for the felony of fifth-degree criminal sale of a controlled substance.
Massi admitted to selling crack cocaine on Jan. 5, 2006.
Defense attorney David Elkovitch said that, despite Massi's extensive criminal history, which dates back to 1981, Massi was since March 2006 trying to turn his life around. Massi recognized that he had a substance abuse issue and is now in recovery. “I've entered a drug rehab and I'm here to accept responsibility for the actions I've committed,” Massi said. “I'd like to put this behind me and focus on my recovery.”
Staff writer Alyssa Sunkin can be reached at alyssa.sunkin@lee.net or 253-5311 ext.239
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