AUBURN — An Auburn man pleaded guilty to possessing child pornography in Cayuga County Court Tuesday morning.
In September, Gary Dellostritto, 37, of 275 Seymour St., Apt. 2, was arrested following an interview at the state police's Aurelius station. The investigation stemmed from a tip the police received through the National Center for Mission and Exploited Children's CyberTipline in May.
Cayuga County Judge Mark Fandrich said Tuesday that on Feb. 17, Dellostritto committed the crime of possessing a sexual performance by a child by having a photo of a 14-year-old's vagina on his phone.
David Elkovitch, Dellostritto's defense attorney, said that Dellostritto was ready to plea guilty to the charge under a deal offering six months in jail with 10 years of probation.
Dellostritto said the image was messaged to him on his phone. He then pleaded guilty by waiver to one count of possessing a sexual performance by a child, a class E felony, which carries a maximum sentence of 1 1/3 to four years of prison.
Assistant District Attorney Heather De Stefano said this case was different from many child pornography crimes as there was a known victim, but also said that the offer was acceptable to the victim's family.
In light of Dellostritto's guilty plea, he was promised a sentence of shock probation with six months in Cayuga County Jail and 10 years of probation. He will also need to register as a sex offender. Dellostritto was remanded back to Cayuga County Jail and is due back in court at 9:30 a.m. Feb. 5 for sentencing.
Also in court:
• A Moravia man who shot himself in the leg this spring was sentenced to prison for unlawfully possessing a firearm after violating his original sentence of probation.
Frankie Putt, 20, of 1582 Lick St., was sentenced in August to five years of shock probation with weekends in jail for a four month period. The sentence would have allowed him to finish his senior year of high school and graduate.
His original charge, criminal possession of a firearm, a class E felony, stemmed from police responding to a call reporting someone heard a gunshot. On the scene, police found Putt had shot himself in the leg with a stolen firearm that he didn't have a license to possess.
De Stefano said he was on probation for less than three months before violating it.
Judge Fandrich said Putt violated his probation by smoking marijuana on school property during school hours as well as using heroin and consuming liquor in November. Putt admitted to both violations. Fandrich also added that in November, Putt broke into and stole change from several vehicles and tools from garages.
"Mr. Putt is prepared to admit to the violation," defense attorney Charles Thomas said. "I think he understands the gravity of the situation."
Thomas asked the court for either a sentence of one to three years, or a shock camp recommendation with a 1 1/3- to four-year sentence.
Fandrich then terminated Putt's probation and sentenced him to 1 1/3 to four years in prison with a shock camp order.
• An Auburn man was sentenced to six months in Cayuga County Jail for breaking into his former employer's home.
Donald Card Jr., 45, of 135 Quill Ave., Apt. A-3, pleaded guilty Oct. 2 to unlawfully entering the home of his former employer in June while looking for a table saw he had left there. Card entered the garage, where he last left the saw, but couldn't find it and assumed his boss sold it.
As the home appeared to be empty, he then entered the residence through the garage and searched the house. Out of anger, Card stole a TV, several ladders, other tools and a patio set. He then pawned some items at Auburn's Pawn King.
"I'd just like to say I'm remorseful for the wrong I've done," Card said. He added that he was "anxious" to get into a drug program to help his addiction.
True to the agreed-upon sentence in October, Fandrich sentenced Card to a term of shock probation with six months in jail followed by five years of probation for his charge of second-degree attempted burglary, a class D felony. No restitution was ordered as the victim was already made whole by insurance.
• A 30-year old Oswego County woman was sentenced, again, for stealing nearly $3,000 worth of merchandise from two Cayuga County stores after she violated her original sentence of probation.
In July, Stosha Holley, 30, currently at the Bedford Hills Correctional Facility, was sentenced to shock probation and five years post-release supervision. She was also ordered to pay nearly $3,000 in restitution for the several vacuum cleaners and an air purifier she stole from Lowe's and Kohl's in Sennett and Aurelius, respectively.
In court Tuesday, Fandrich said while Holley, a mother of five, was out on probation for the grand larceny charges, she both failed to report to her probation officer and failed to submit to an evaluation for a drug treatment program.
"Unfortunately, you suffer from an addiction and you need treatment," Fandrich said. "You were unable to follow through with the treatment."
For the original charges of two separate counts of fourth-degree grand larceny, class E felonies, Fandrich sentenced Holley to 1 1/3 to four years in prison, to run concurrent to an Oswego County sentence she is serving, with a shock camp order. He said he would continue to allow probation to pursue restitution.