AUBURN - A Poplar Ridge man unsuccessfully tried to withdraw a guilty plea to a felony charge in Cayuga County Court Thursday after discovering a plea agreement for a separate charge was taken off the table, therefore changing his prison sentence.
Angelo Amodei, of 2498 Route 34B, pleaded guilty Sept. 6 to a felony charge of driving while intoxicated and a misdemeanor charge of second-degree aggravated unlicensed operation in exchange for a promised sentence of 1 1/3 to four years in state prison. He is facing a separate charge of the felony second-degree possession of a forged instrument for allegedly cashing a fraudulent check. He remains in Cayuga County Jail,
He originally offered a plea for the forgery charge that would include a two- to four-year sentence to run concurrently with the sentence for the DWI.
However, Judge Thomas Leone did not accept Amodei's guilty plea last week because Amodei did not take responsibility for knowingly cashing the allegedly fraudulent check. After his plea agreement failed, he tried to withdraw his guilty plea for the DWI.
Leone denied the motion to withdraw Amodei's guilty plea, saying he could only withdraw it if he maintained his innocence or if the plea was coerced. Leone told defense attorney Todd Smith he could submit his application again if new information was brought to light. Leone likely will uphold the guilty plea, and told Smith “You have my drift where I'm going with this.”
Amodei, 42, indicated that he only agreed to the original plea because he would receive concurrent sentences.
“I shouldn't get a second term for this whole thing,” he said.
Earlier this year, Amodei received a check for $4,922 and a letter from Atlantic Lottery Corp. stating he was the winner of a Canadian lottery, Chief Assistant District Attorney Jon Budelmann said. He then opened a savings account with M&T Bank, deposited the check, and withdrew $1,000 in cash. He was instructed by the letter to return $2,800 to the lottery company to pay the taxes on the earnings.
Amodei - who had said he was unaware the check was part of a scam - says he was about to comply when he got arrested for drunk driving, according to Budelmann.
Budelmann maintains Amodei was aware that the check was a scam. Amodei had said the money was part of an insurance payment when the bank staff questioned the check, Budelmann said.
A grand jury has been convened. Amodei will be sentenced for his DWI Oct. 25.
Also in court:
€ A motion to dismiss the indictment against Jamaren Montreal, 21, of Syracuse, and currently held in Cayuga County Jail, made by defense attorney Norm Chirco in July was denied by Leone.
Chirco argued that he should have been notified when the district attorney's office sought to indict Montreal a second time on drug charges and Montreal should have been afforded a chance to testify before the grand jury.
Budelmann responded by saying that Montreal had served notice that he was not going to testify before the first grand jury, so the DA's office was not entitled to give notice for the convening of another. He also said the second grand jury was assembled to clarify the original indictment.
Leone ruled that at no point did Montreal state on paper or otherwise that he intended to testify before the grand jury. The DA's office was therefore not required to notify Chirco and Montreal, and the grand jury was properly constituted and instructed and the evidence presented was legally sufficient.
The superceding indictment includes the felonies of third-degree criminal sale of a controlled substance, third-degree criminal possession of a controlled substance - two counts that were on the original indictment - and a new felony count of fourth-degree criminal possession of a narcotic. Leone dismissed the original indictment and upheld the superceding indictment.
Montreal is accused of selling crack cocaine within Auburn city limits on Oct. 13 and Oct. 26, 2006.
A trial date is set for Dec. 3.
€ Kelly McAndrew was sentenced to six months in CCJ with time served and was restored to probation after violating the terms of her probation issued in both Cayuga and Seneca counties established in 2003 on fraud charges.
McAndrew, 29, of 10 Seminary St., Auburn, and currently held in CCJ, pleaded guilty in Auburn City Court in June for fifth-degree criminal possession of stolen property and was sentenced to five months in CCJ for opening a charge account in another person's name and leasing a Chevy Trailblazer in that name. The conviction violated the terms of her five-year probation from both counties.
The six months in CCJ will run concurrent with her five month sentence from Auburn City Court.
Budelmann sought a sentence of two to four years in state prison - the same sentence he sought in 2003 when McAndrew faced three felony counts of second-degree forgery, two felony counts of first-degree falsifying business records and the felony of second-degree identity theft. The reason why McAndrew was placed on probation, he said, was largely because she was nine months pregnant.
“Clearly nothing she's done has changed in terms of an appropriate disposition,” he said.
Leone admonished McAndrew, who had 21 arrests for petty crimes in this county alone by the age of 25.
“As I look at this I can't help but wonder, ‘What the heck is going on in your head?'” he said.
Leone said that he is restoring McAndrew to probation because she had been law abiding since her appearance in city court, but he would not hesitate to take Budelmann's sentencing recommendation if she comes before him again.
“Last bite at the apple,” he said.
€ Bail was set at $5,000 cash or $10,000 bond for Patrick Brennan, who is facing the felonies of operating a motor vehicle while intoxicated and first-degree aggravated unlicensed operation.
Brennan, currently held at CCJ, is accused of driving - with a suspended license - while intoxicated on Aug. 25 on Route 31 in Weedsport. Brennan has multiple previous DWI convictions, including two in the past 10 years.
€ Motions will be heard Nov. 15 for Joshua Seelman, 22, of 69 Owasco St., Auburn and currently out on bail, who faces five counts of the felony third-degree criminal sale of a controlled substance and five counts of the felony third-degree criminal possession of a narcotic.
Seelman is accused of five sales of crack cocaine in September and October of 2006.
€ Anthony Wilber, 30, of 1 Jefferson St., Apartment 11, Auburn, and currently out on bail pleaded guilty to the felony of third-degree criminal sexual act with the promised sentence of six months in CCJ and 10 years probation.
Wilber was prosecuted under a prosecutor's information, also referred to as a superior court information, rather than having the charge being presented to a grand jury.
Wilber admitted to having oral sexual contact with a female who was 16 years old.
He will be sentenced on Nov. 1.
Staff writer Alyssa Sunkin can be reached at alyssa.sunkin@lee.net or 253-5311 ext. 239.
He originally offered a plea for the forgery charge that would include a two- to four-year sentence to run concurrently with the sentence for the DWI.
However, Judge Thomas Leone did not accept Amodei's guilty plea last week because Amodei did not take responsibility for knowingly cashing the allegedly fraudulent check. After his plea agreement failed, he tried to withdraw his guilty plea for the DWI.
Leone denied the motion to withdraw Amodei's guilty plea, saying he could only withdraw it if he maintained his innocence or if the plea was coerced. Leone told defense attorney Todd Smith he could submit his application again if new information was brought to light. Leone likely will uphold the guilty plea, and told Smith “You have my drift where I'm going with this.”
Amodei, 42, indicated that he only agreed to the original plea because he would receive concurrent sentences.
“I shouldn't get a second term for this whole thing,” he said.
Earlier this year, Amodei received a check for $4,922 and a letter from Atlantic Lottery Corp. stating he was the winner of a Canadian lottery, Chief Assistant District Attorney Jon Budelmann said. He then opened a savings account with M&T Bank, deposited the check, and withdrew $1,000 in cash. He was instructed by the letter to return $2,800 to the lottery company to pay the taxes on the earnings.
Amodei - who had said he was unaware the check was part of a scam - says he was about to comply when he got arrested for drunk driving, according to Budelmann.
Budelmann maintains Amodei was aware that the check was a scam. Amodei had said the money was part of an insurance payment when the bank staff questioned the check, Budelmann said.
A grand jury has been convened. Amodei will be sentenced for his DWI Oct. 25.
Also in court:
€ A motion to dismiss the indictment against Jamaren Montreal, 21, of Syracuse, and currently held in Cayuga County Jail, made by defense attorney Norm Chirco in July was denied by Leone.
Chirco argued that he should have been notified when the district attorney's office sought to indict Montreal a second time on drug charges and Montreal should have been afforded a chance to testify before the grand jury.
Budelmann responded by saying that Montreal had served notice that he was not going to testify before the first grand jury, so the DA's office was not entitled to give notice for the convening of another. He also said the second grand jury was assembled to clarify the original indictment.
Leone ruled that at no point did Montreal state on paper or otherwise that he intended to testify before the grand jury. The DA's office was therefore not required to notify Chirco and Montreal, and the grand jury was properly constituted and instructed and the evidence presented was legally sufficient.
The superceding indictment includes the felonies of third-degree criminal sale of a controlled substance, third-degree criminal possession of a controlled substance - two counts that were on the original indictment - and a new felony count of fourth-degree criminal possession of a narcotic. Leone dismissed the original indictment and upheld the superceding indictment.
Montreal is accused of selling crack cocaine within Auburn city limits on Oct. 13 and Oct. 26, 2006.
A trial date is set for Dec. 3.
€ Kelly McAndrew was sentenced to six months in CCJ with time served and was restored to probation after violating the terms of her probation issued in both Cayuga and Seneca counties established in 2003 on fraud charges.
McAndrew, 29, of 10 Seminary St., Auburn, and currently held in CCJ, pleaded guilty in Auburn City Court in June for fifth-degree criminal possession of stolen property and was sentenced to five months in CCJ for opening a charge account in another person's name and leasing a Chevy Trailblazer in that name. The conviction violated the terms of her five-year probation from both counties.
The six months in CCJ will run concurrent with her five month sentence from Auburn City Court.
Budelmann sought a sentence of two to four years in state prison - the same sentence he sought in 2003 when McAndrew faced three felony counts of second-degree forgery, two felony counts of first-degree falsifying business records and the felony of second-degree identity theft. The reason why McAndrew was placed on probation, he said, was largely because she was nine months pregnant.
“Clearly nothing she's done has changed in terms of an appropriate disposition,” he said.
Leone admonished McAndrew, who had 21 arrests for petty crimes in this county alone by the age of 25.
“As I look at this I can't help but wonder, ‘What the heck is going on in your head?'” he said.
Leone said that he is restoring McAndrew to probation because she had been law abiding since her appearance in city court, but he would not hesitate to take Budelmann's sentencing recommendation if she comes before him again.
“Last bite at the apple,” he said.
€ Bail was set at $5,000 cash or $10,000 bond for Patrick Brennan, who is facing the felonies of operating a motor vehicle while intoxicated and first-degree aggravated unlicensed operation.
Brennan, currently held at CCJ, is accused of driving - with a suspended license - while intoxicated on Aug. 25 on Route 31 in Weedsport. Brennan has multiple previous DWI convictions, including two in the past 10 years.
€ Motions will be heard Nov. 15 for Joshua Seelman, 22, of 69 Owasco St., Auburn and currently out on bail, who faces five counts of the felony third-degree criminal sale of a controlled substance and five counts of the felony third-degree criminal possession of a narcotic.
Seelman is accused of five sales of crack cocaine in September and October of 2006.
€ Anthony Wilber, 30, of 1 Jefferson St., Apartment 11, Auburn, and currently out on bail pleaded guilty to the felony of third-degree criminal sexual act with the promised sentence of six months in CCJ and 10 years probation.
Wilber was prosecuted under a prosecutor's information, also referred to as a superior court information, rather than having the charge being presented to a grand jury.
Wilber admitted to having oral sexual contact with a female who was 16 years old.
He will be sentenced on Nov. 1.
Staff writer Alyssa Sunkin can be reached at alyssa.sunkin@lee.net or 253-5311 ext. 239.
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