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2 from Orleans are sentenced to state prison

By Tom Rivers, Editor Posted 14 November 2016 at 5:19 pm

ALBION – Two men from Orleans County were sentenced to state prison today, one for grand larceny and the other for a drug crime.

Zachary A. Deville, 22, of Brown Street in Albion was sentenced to 1 to 3 years. He and a co-defendant admitted to entering The Vape Shop when it was closed and stealing a laptop from the business on East Bank Street on April 11. Both Deville and Michael Borrero, 18, have to split the restitution, $1,017 each. (Borrero was sentenced to a year in the county jail on Oct. 24 for attempted third-degree burglary.)

Deville, who has a criminal record, was given a longer sentence. He faced charges of third-degree burglary, fourth-degree grand larceny, and two counts of criminal mischief in the fourth degree.

Deville’s attorney Mark Lewis asked for a sentence that included drug treatment for Deville. Lewis said Deville’s criminal actions are due to his drug use.

Orleans County Court Judge James Punch said Deville has a criminal history that includes crimes in South Dakota. He also has been in drug treatment and didn’t succeed.

“We can’t lesson the sentence because you are a drug addict especially because you have had opportunities for help before,” Punch said during sentencing today.

• In another sentencing today, Michael Thompson, 49, of Medina was sentenced to 2 years in prison criminal possession of a controlled substance.

Thompson sold drugs to a confidential informant, District Attorney Joe Cardone said.

“He wasn’t openly selling drugs to people in the community,” said Thompson’s attorney, David Owens.

He asked the judge to consider a sentence in the local jail or probation, as well as drug treatment program for Thompson.

Punch gave Thompson 2 years in state prison, which is less than the 2 ½ year-maximum.

Thompson has a criminal history going back decades, and has had opportunities to work on his drug problems, Punch said.

The sentencing today is separate from more recent charges against Thompson. He was arrested on Sept. 7 after allegedly getting in an altercation with another person and stabbing that person, causing non-life-threatening injuries.

• In another case today, a former Waterport man, Kelly Chellino of Lockport, pleaded guilty to violating probation and could face up to a year in jail as part of a plea deal.

Chellino admitted he drank alcohol, used cocaine, and punched a person in the head. He said he was sober for 3 years but relapsed in the end of June.

Chellino has several prior misdemeanors and two felonies. He will be sentenced on Dec. 12.

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