Marijuana seller avoids jail, gets probation

By Christopher Caskey / The Citizen

Friday, October 5, 2007 9:54 AM EDT

AUBURN - An Auburn man will not serve jail time after pleading guilty to selling marijuana.
Jonathan Cramer, 26, of 26 Osborne St., was sentenced in Cayuga County Court Thursday to five years of probation and $360 restitution.

Cramer pleaded guilty in August to third-degree criminal sale of marijuana, a felony, admitting to selling 28 grams of the substance.

Chief Assistant District Attorney Jon Budelmann, who prosecuted the case, requested the sentence partially based on Cramer being gainfully employed and having “almost no prior criminal history.”

Judge Thomas Leone agreed before reading the sentence, adding that he was “encouraged” because Cramer seemed to be pulling his life together.

Also in court:

€ A Port Byron teenager waived prosecution by indictment before pleading guilty to the felony of second-degree attempted rape.

Branden Hackett, 18, of 8469 King St., admitted in court that he attempted to have unlawful sex with a person under 15 in February.

As part of a plea agreement, Hackett will likely serve one year in Cayuga County Jail and may receive youthful offender status.

The maximum sentence for the conviction is four years of incarceration, according to Leone.

Hackett will report to the jail next week to begin serving his time.

Leone will review the case before deciding whether or not to grant the defendant youthful offender status.

Hackett will hear his sentence Nov. 15.

€ Leone issued two temporary orders of protection on behalf of witnesses in the case of Robert Wickens III.

Wickens, with a last known address of 36 Cayuga St. Apt. 1 Auburn, is charged with several felonies and misdemeanors for allegations related to fraud, perjury, conspiracy and theft.

Budelmann said in court that the district attorney's office requested the orders because of communication between the defendant and the individuals discouraging them to testify.

Leone said he was “hesitant” to ask Wickens to speak because his defense attorney was not present, and then issued the two temporary orders of protection.

The matter will be revisited Oct. 12 when Wickens' attorney is available.

€ A Moravia man was sentenced to one year probation and three months in a weekend work-release program for a misdemeanor sex crime.

Matthew Destefano, 20, pleaded guilty in August to third-degree sexual abuse for having sexual contact with a woman without her consent.

Destefano, who lives at 5373 Brockway Road, must also pay $1,210 in fees.

Budelmann also requested in court a permanent order of protection for the victim, which Leone granted.

€ A convicted sex offender was unable to find a lawyer to represent him for his risk level assessment.

Robert Walter, 59, said he had submitted a request for an attorney, but none had been assigned to him.Leone sent a bailiff to search the courthouse for an available defense attorney. When none were found, he rescheduled the assessment for Oct. 25.

Walter is currently being housed at Marcy Correctional Facility for two felony sexual abuse convictions.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net

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chiggybaby wrote on Oct 6, 2007 9:34 AM:

" BUT YOUR HONOR... IT'S ONLY WEED!!!!! "

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