Cayuga County District Attorney Jon Budelmann announced that five defendants, involved with six different cases had convictions and sentences affirmed by the Appellate Court.
Among those convictions and sentences upheld were:
Charles J. Allen who pleaded guilty to third-degree burglary, tampering with evidence and fourth-degree conspiracy on March 7th, which resulted in a maximum of a seven year sentence.
Allen argued that the plea was not knowingly and voluntarily entered; and that the agreed sentence for his fourth felony conviction as an adult was harsh and excessive.
On June 24th, 2015, Allen was arrested for his role in a residential burglary, where he and another co-defendant broke into an Owasco home and stole collectible coins, watches, and a rifle.
Kristy L. Chavis, who pleaded guilty to four counts of third-degree criminal sale of a controlled substance, seven counts of third-degree criminal possession of a controlled substance, two counts of second-degree criminal use of drug paraphernalia, and two counts of endangering the welfare of a child.
On January 7th Chavis was sentenced to an agreed upon seven years in prison, as well as three years of post-release supervision.
Chavis, like Allen, argued that the sentencing was unduly harsh and excessive.
Tony O. Frazier pleaded guilty on April 16th, 2013 to third-degree criminal sale of a controlled substance and was sentenced to six months in jail and five years’ probation on June 4th, 2013. On September 8th, 2015 his probation sentence was revoked and he was resentenced to an agreed term of 4.5 years in prison, as well as two years of post-release supervision.
The probation violation stemmed from an August 2015 arrest for felony criminal contempt, as well as other charges — after he violently attacked his wife during a domestic incident.
Chavis appealed his re-sentencing, which was upheld by the Appellate Division unanimously.
Marion Padilla pleaded guilty to first-degree promoting prison contraband on March 12th, 2013 after he was found to be possessing a shank-like object, made of metal, when he was incarcerated at the Auburn Correctional Facility. He was sentenced to a maximum of 4 years in prison.
Richard L. Scott pleaded guilty to possessing sexual performance by a child, as well as tampering with physical evidence on April 21st, 2016. In June, Scott was sentenced to an aggregate 2 to 6 years in prison.
Scott admitted that on May 26th he knowingly possessed a video on his computer of a child less than 16-years-old engaged in sexual intercourse with an adult male. He then hid the hard drive containing the child porn to prevent police from finding it.
Savonne J. Winstead pleaded guilty to third-degree criminal sale of a controlled substance on August 28th, 2014. On May 7th, 2015 she was sentenced to 3 years in prison, as well as 2 years of post-release surveillance.
Assistant District Attorney Brian Leeds handled the Allen appeal and both Chavis’ appeals. Chief Assitant District Attorney Chris Valdina handled the Frazier and Scott appeals. Assistant District Attorney Andrew Kelly handled the Padilla appeal, and Assistant District Attorney Nathan Garland handled the Winstead appeal.
