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2 are sentenced to state prison for drug crimes

By Tom Rivers, Editor Posted 24 January 2019 at 3:23 pm

ALBION – Two people were sentenced to state prison today in Orleans County Court for selling drugs in the county.

Troy Dukes, 25, of Rochester received the longest sentence with 3 years in state prison plus 2 years of post-release supervision.

Dukes has already been in the county jail for about 14 months, which will count towards his sentence. He was charged in October 2017 after a traffic stop when he was found with heroin on East State Street in Albion. He admitted in court he was trying to sell heroin in Albion.

“I want to apologize to the court,” Dukes told Judge Charles Zambito of Genesee County, who handled the sentencings today. “I’m just trying to better myself. I’m ready to turn around and do things better with my life.”

Nathan Pace, Dukes’ attorney, said his client suffered from a difficult upbringing and drug and alcohol use beginning when he was 14.

Zambito agreed to recommend drug treatment in the state prison system for Dukes.

• Another Rochester man also was sentenced to prison today. Victor Simmons, 48, has already spent about 16 months in the county jail.

He pleaded guilty to attempted criminal possession of a controlled substance in the third degree and faced a maximum of 2 years in state prison as part of a plea deal. The charge normally has a sentence of 1 ½ to 8 years in prison.

Simmons is accused of selling heroin and cocaine in Albion. Simmons said he had heroin with the intent to sell in Albion on Feb. 28, 2017.

He has been out of jail in recent months due to health problems and the deaths of two family members, including his son. His attorney thanked the court and District Attorney Joe Cardone for delaying the sentencing until today.

Simmons said he is determined to live a better a life.

“I would like to apologize to the court and the people of Orleans County for coming into your town,” Simmons said at sentencing.

Simmons also will be on post-release supervision for 2 years when he is released from prison.

• A Brockport resident was also sentenced this morning. Jason Schmeer, 38, was sentenced for fourth-degree grand larceny for taking a credit card. He has agreed to pay $485 in restitution.

He was sentenced to six months in jail and five years probation, the same sentence he received in Monroe County. Schmeer has already been in jail for a year and that will count as time served.

“I’m very sorry and I’m willing to do whatever it takes to change,” Schmeer told Judge Zambito.

Brandi Ralph, 34, of Lyndonville was praised for completing a diversion program.

She admitted during a previous court appearance to entering a garage on April 18, 2016 and stealing tools. Back then she was looking for something she could take and sell to feed her drug addiction.

She has completed drug treatment. A felony third-degree burglary charge was dismissed and she was sentenced to a misdemeanor of petit larceny. She doesn’t have to go to jail.

“She has done a fantastic job taking care of housing, a job and other issues in her life,” said Joanne Best, the public defender.

“We hope she continues down this path and has a successful life,” said District Attorney Joe Cardone.

Ralph told the judge she was grateful for the opportunity to be in the diversion program.

“I congratulate you for getting through the program because, as you know, not everyone can do it,” Judge Zambito said.

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