AURELIUS - The case of an Onondaga County woman charged with misdemeanor tax evasion was adjourned Wednesday in Aurelius Town Court in contemplation of dismissal.
Gay Breed, 44, of Lysander, was pulled over on Oct. 16 for allegedly turning left on a red light near the intersection of Routes 5 and 90. She was subsequently arrested on a tax evasion charge after she admitted to police she purchased cigarettes from Lake Side Trading Post in Union Springs.
The store is owned by the Cayuga Nation, which does not charge taxes on any of its products
Breed pleaded guilty Wednesday night to running the red light and was assessed a $100 fine with an $85 surcharge. Based on a recommendation by Cayuga County District Attorney Jon Budelmann, the court offered to adjourn the tax evasion charge in contemplation of dismissal, said Breed's attorney William Sullivan.
“No fine was associated with the tax charge and Ms. Breed is paying the ... sales tax and cigarette use tax,” he said.
Breed will be paying $137.50 for the cigarette use tax and $15.72 in sales tax in satisfaction of the charge. Once she provides proof of payment to the court, the charge will be dismissed.
“There was no conviction for my client, so obviously it's favorable for her,” Sullivan said.
Breed believes she would have received the same outcome if she faced the judge alone but is satisfied with the court's decision, she said.
“I am glad not to have criminal charges, that's for sure. It was bad enough just getting arrested,” she said.
Breed said she did not know she was doing anything wrong. She believes she was punished for being honest with the police officer about where she had been after getting pulled over. Breed will not go back to Lake Side Trading Post, she said.
Although she did not know too much about the raid on the two Cayuga Nation convenience stores, Breed said she asked police to go to the store where the cigarettes were sold rather than arrest her.
“After what happened to me, I said ‘get the store,' they said they couldn't. So, five weeks later, they could. I feel like I was used,” Breed said.
If Breed had been found guilty of tax evasion, she could have faced up to a $1,000 fine and up to one year in the Cayuga County Jail.
Staff writer Gitana Mirochnik can be reached at 253-5311 ext. 237 or gitana.mirochnik@lee.net
The store is owned by the Cayuga Nation, which does not charge taxes on any of its products
Breed pleaded guilty Wednesday night to running the red light and was assessed a $100 fine with an $85 surcharge. Based on a recommendation by Cayuga County District Attorney Jon Budelmann, the court offered to adjourn the tax evasion charge in contemplation of dismissal, said Breed's attorney William Sullivan.
“No fine was associated with the tax charge and Ms. Breed is paying the ... sales tax and cigarette use tax,” he said.
Breed will be paying $137.50 for the cigarette use tax and $15.72 in sales tax in satisfaction of the charge. Once she provides proof of payment to the court, the charge will be dismissed.
“There was no conviction for my client, so obviously it's favorable for her,” Sullivan said.
Breed believes she would have received the same outcome if she faced the judge alone but is satisfied with the court's decision, she said.
“I am glad not to have criminal charges, that's for sure. It was bad enough just getting arrested,” she said.
Breed said she did not know she was doing anything wrong. She believes she was punished for being honest with the police officer about where she had been after getting pulled over. Breed will not go back to Lake Side Trading Post, she said.
Although she did not know too much about the raid on the two Cayuga Nation convenience stores, Breed said she asked police to go to the store where the cigarettes were sold rather than arrest her.
“After what happened to me, I said ‘get the store,' they said they couldn't. So, five weeks later, they could. I feel like I was used,” Breed said.
If Breed had been found guilty of tax evasion, she could have faced up to a $1,000 fine and up to one year in the Cayuga County Jail.
Staff writer Gitana Mirochnik can be reached at 253-5311 ext. 237 or gitana.mirochnik@lee.net
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Post your comment - click hereThere are 4 comment(s)
blueyankee443 wrote on Dec 8, 2008 12:20 AM:
know enough to repeat it,not aware of its meaning. Ms Breed,is a good and productive woman,and surely does not go
around to break any laws.Her life is a
hard life,and she has no time,for other
things,except whats best for her family
whom are always first,in her life.Why
anyone would make statements like this
Dan person,is beyond any meaning which
has love for their fellow man. "
CayCntyLifer wrote on Dec 6, 2008 3:19 PM:
blueyankee443 wrote on Dec 5, 2008 6:51 AM:
This whole deal was a bad thought. "
dan w wrote on Dec 4, 2008 3:18 AM: