AURELIUS - The case against an Onondaga County woman charged with misdemeanor tax evasion for purchasing cigarettes from an American Indian business in Union Springs was adjourned Wednesday night after she and her lawyer did not show up for their Aurelius town court appearance.
Jill Connor / The Citizen
After Gay Breed, who is charged with tax evasion for allegedly purchasing five cartons of cigarettes from the Lake Side Trading Post, didn't appear at Aurelius Town Court on Wednesday. Chief Assistant District Attorney Christopher Valdina, left, discusses the issue with Aurelius Judge Ray Lockwood, center, and Judge Chad Hayden, right, who is presiding over the case.
After Gay Breed, who is charged with tax evasion for allegedly purchasing five cartons of cigarettes from the Lake Side Trading Post, didn't appear at Aurelius Town Court on Wednesday. Chief Assistant District Attorney Christopher Valdina, left, discusses the issue with Aurelius Judge Ray Lockwood, center, and Judge Chad Hayden, right, who is presiding over the case.
Judge Chad Hayden said he would adjourn Gay Breed, 44, of Lysander, to Dec. 3, and that he would send a letter to the defendant and her lawyer, William C. Sullivan, notifying them of the new court date.
“They have had no contact at all with the court,” Hayden said.
Hayden said the next court appearance would be a Cayuga County District Attorney night, where Breed would get a chance to meet face to face with Chief Assistant District Attorney Christopher Valdina to discuss any legal options.
District attorney night occurs once a month, Hayden said.
Breed was previously in court on Oct. 22, where she pleaded not guilty to traffic ticket and tax evasion charges
Breed was originally pulled over by the New York State Police for allegedly turning left on a red light near the intersection of state Routes 5 and 90 on Oct. 16, troopers said.
When they approached the vehicle, troopers said they saw five cartons of cigarettes, which they believed were purchased from the Lake Side Trading Post in Union Springs.
The store is owned by the Seneca Nation, which does not charge tax for any of the products sold on its property, such as gas.
Cayuga County District Attorney Jon Budelmann said that according to New York state tax law, non-American Indian residents are only allowed to purchase two cartons at a time without paying taxes, otherwise they could be charged with tax evasion.
Previously, Breed's daughter, Victoria Breed, said her mother was unaware she had committed a crime and handed the cigarettes over to the troopers after they began to question her.
If she were to be found guilty of tax evasion, Breed could face up to a $1,000 fine and up to one year in the Cayuga County Jail. The traffic ticket has a $150 fine.
Sullivan was not immediately available for comment.
“They have had no contact at all with the court,” Hayden said.
Hayden said the next court appearance would be a Cayuga County District Attorney night, where Breed would get a chance to meet face to face with Chief Assistant District Attorney Christopher Valdina to discuss any legal options.
District attorney night occurs once a month, Hayden said.
Breed was previously in court on Oct. 22, where she pleaded not guilty to traffic ticket and tax evasion charges
Breed was originally pulled over by the New York State Police for allegedly turning left on a red light near the intersection of state Routes 5 and 90 on Oct. 16, troopers said.
When they approached the vehicle, troopers said they saw five cartons of cigarettes, which they believed were purchased from the Lake Side Trading Post in Union Springs.
The store is owned by the Seneca Nation, which does not charge tax for any of the products sold on its property, such as gas.
Cayuga County District Attorney Jon Budelmann said that according to New York state tax law, non-American Indian residents are only allowed to purchase two cartons at a time without paying taxes, otherwise they could be charged with tax evasion.
Previously, Breed's daughter, Victoria Breed, said her mother was unaware she had committed a crime and handed the cigarettes over to the troopers after they began to question her.
If she were to be found guilty of tax evasion, Breed could face up to a $1,000 fine and up to one year in the Cayuga County Jail. The traffic ticket has a $150 fine.
Sullivan was not immediately available for comment.
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Post your comment - click hereThere are 6 comment(s)
upstateclipse wrote on Nov 7, 2008 12:04 AM:
theking wrote on Nov 6, 2008 9:04 PM:
NYMom wrote on Nov 6, 2008 1:45 PM:
karl again... wrote on Nov 6, 2008 11:26 AM:
How about FIVE CARTONS of cancer-sticks?!
What a waste of money on these Death-Rods! "
nature lover wrote on Nov 6, 2008 8:46 AM:
longboard315 wrote on Nov 6, 2008 3:00 AM: