AUBURN — An Auburn man was sentenced in Cayuga County Court on Tuesday to five years in prison, and was granted an override of violent felony status.
Raymond Allen, 38, formerly of 293 Seymour St., Auburn, was arrested in February after the Cayuga County Sheriff's Office received a tip that he illegally possessed a long gun. Deputies and Auburn Police Department officers found the long gun and three other guns within hours of the getting the tip. The firearms had been stolen from a Conquest residence on Aldrich Road, according to a release from the sheriff's office at the time.
At the time of his guilty plea, Allen was promised a conditional sentence of five years in prison followed by five years of post-release supervision. He pleaded guilty June 11 to second-degree burglary by illegal entry of a dwelling, a class C felony, and fourth-degree criminal possession of stolen property, a class E felony. Allen was also sentenced Tuesday on the class D felony of third-degree welfare fraud.
Defense attorney Joseph Sapio said in court on Tuesday that Allen had a "substantial" history of drug addiction and requested that Judge Mark Fandrich consider a violent felony override and a shock camp component be added to the sentence for additional "discipline, drug treatment and drug care."
Cayuga County District Attorney Jon Budelmann said he didn't believe those requests would be appropriate and noted that there were other charges satisfied by Allen's plea. Allen's plea satisfied additional charges of fourth-degree grand larceny related to a firearm and another charge of fourth-degree criminal possession of stolen property, both class E felonies.
Fandrich did not grant Allen shock camp on Tuesday. "I do believe Mr. Allen's underlying cause, the driver of this crime spree, is (his) addiction. On that basis, I'm going to grant the violent felony override," he said.
Allen received the previously promised sentence of five years in prison followed by five years of post-release supervision on the burglary charge. He will also concurrently serve two sentences of 1.3 years for the possession and welfare fraud convictions, both of which carry maximum sentences of four years in prison.
Also in court:
• Christopher Liddle, 31, formerly of 5126 Route 34, in Auburn, was sentenced to four years in prison followed by five years of post-release supervision.
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Auburn police tackled Liddle when he charged at them on Feb. 26 while holding a folding knife, after officers responded to a domestic disturbance at a Cottage Street residence. Police said at the time that a verbal argument escalated when Liddle stomped on a woman's bare feet with his work boots and continued to harass her by pushing her into a door and punching her in the head. He fled the scene before police arrived.
Though Budelmann said he felt Liddle made statements in the pre-sentence investigation that minimized his actions, he said he didn't see a reason to change the previously agreed upon sentence.
Fandrich imposed the conditional sentence promised at the time Liddle pleaded guilty on June 11 to two counts of menacing an officer, class E felonies, and one charge of aggravated family offense, also a class E felony. Liddle was given two sentences of four years in prison for both of the menacing convictions, and one sentence of two to four years in prison for the aggravated family offense. All the sentences will be served concurrently, and an order of protection was issued for the victim.
• Fandrich postponed the sentencing of 33-year-old Michael Gainey to Sept. 10. Gainy pleaded guilty June 11 to second-degree attempted criminal possession of a weapon, and was promised a conditional sentence of five years in prison followed by three years of post-release supervision in exchange for his plea.
On Jan. 4, members of the Finger lakes Drug Task Force recovered an assault rifle, more than two pounds of marijuana and $1,500 in cash from Gainey's residence at 3 Spring St., Auburn, via a search warrant after a five-month long investigation into the sale of narcotics and marijuana.
Fandrich adjourned sentencing so the prosecution could review the case in response to defense attorney Rome Canzano's request for a violent felony override.