Burglary gets man prison sentence

By STEVE VIRKLER
TIMES STAFF WRITER
TUESDAY, JULY 27, 2010
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LOWVILLE — A Lowville man accused in a 2005 break-in was sentenced Friday in Lewis County Court to state prison time after spending 41/2 years in the county Drug Court program.

Nicky L. Manor,33, of 5612 Evergreen Lane, Lowville, was sentenced as a second-felony offender to 3 to 6 years in prison, $8.25 restitution and $320 in court fees on a charge of third-degree burglary, to which he pleaded guilty in January 2006.

Mr. Manor was entered in the Drug Court program and underwent some long-term drug rehabilitation but ultimately failed to complete the county program, according to court officials.

He was charged with breaking into Nortz Distributing in Lowville on Oct. 30, 2005, by damaging a garage door, window and lock.

Also in Lewis County Court Friday:

Walter M. Martin,34, of 7499 S. State St., Lowville, had his case of two counts of criminal diversion of prescription medication and a single count of fifth-degree criminal sale of a controlled substance dismissed by Judge Charles C. Merrell due to a lack of sufficient evidence. Mr. Martin had been accused of selling several prescription drugs and Vicoprofen on two dates in November.

Charles R. Simmons,45, of 160 Water St., Massena, was sentenced to time served in county jail, five years' probation, a six-month driver's license suspension and $375 in court fees on a charge of third-degree criminal possession of marijuana, to which he pleaded guilty May 10. Mr. Simmons was accused of having one pound of marijuana in his vehicle on April 23 in the town of Diana.

Jacob T. Farney,19, of 6755 Number Four Road, Lowville, was sentenced to five years' probation, 50 hours of community service and $375 in court fees on a charge of fourth-degree criminal possession of stolen property, to which he pleaded guilty June 11. Mr. Farney was accused of possessing a stolen .22-caliber rifle belonging to Kenneth M. Barbarito in November in the town of Watson.

Merle R. Whipple IV,21, Route 12, Copenhagen, was sentenced to one year of probation, $618.05 restitution and $200 in court fees on a charge of third-degree attempted assault, to which he pleaded guilty April 9.

Mr. Whipple was charged with attempting to assault Jordan Hurley on Oct. 10 in the town of Lowville. Judge Merrell issued a five-year order of protection on the victim's behalf.

Robert D. Platt,20, of 1114 Flint Town Road, Boonville, was arraigned on a charge of fourth-degree criminal mischief and pleaded guilty to the charge. Sentencing was set for Oct. 8. Mr. Platt was accused of damaging a 1993 Saturn owned by Stephen C. Burke Jr. in the town of Leyden.

Shannon M. Overton,31, of 5645 Greig Road, Greig, was arraigned on two counts apiece of third-, fourth- and fifth-degree welfare fraud, third- and fourth-degree grand larceny, first-degree offering a false instrument for filing and petit larceny and pleaded innocent to all charges. Her case was adjourned to Aug. 20. Ms. Overton, a Lewis County deputy sheriff who is on long-term medical leave, was accused of accepting $11,704.59 in public assistance benefits to which she was not entitled between September 2008 and January.

David A. Hirschey,59, of 7452 Ossont Road, Lowville, was arraigned on charges of third-degree grand larceny and first-degree scheme to defraud and pleaded innocent. His case was adjourned to Oct. 8. Mr. Hirschey was accused of stealing $3,559 from Robert and Erin Brown between March 13 and Nov. 30, 2009.

Mark D. Benson,47, of 7806 Route 3, Harrisville, had his case of aggravated DWI adjourned to Aug. 27. He was stopped June 6 on Steam Mill Road in the town of Diana.

Scott M. Czajka,37, of 6350 Chases Lake Road, Glenfield, had a possible trial date set for Sept. 13 on three counts apiece of third-degree criminal sale and possession of a controlled substance. He was accused of selling morphine on three dates in December in Lowville.

Brian L. Raymond,27, of 6613 Snell Road, had sentencing on charges of second-degree obstructing governmental administration and driving while intoxicated adjourned to Aug. 20; he pleaded guilty to the charges June 21.

Mr. Raymond was accused of stealing a 2001 Ford pickup truck Nov. 6 and 7 from the Nortz & Virkler dealership in Lowville. He additionally was charged with threatening Deputy Lee M. Todeschini with a rifle, grabbing him and damaging his uniform while the deputy was conducting an accident investigation Nov. 7 in the town of Watson. The DWI charge stems from a stop in the town of Watson.

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