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Judges sentences 2 Orleans residents to state prison

By Tom Rivers, Editor Posted 28 March 2016 at 12:00 am

ALBION – Two people were sentenced to state prison this afternoon by Orleans County Court Judge James Punch.

Diane Gallagher of Shelby was sentenced to 3 years in prison, plus 3 years of post-release supervision, for attempted criminal possession of a controlled substance in the third degree.

Gallagher, 46, of East Shelby Road admitted in a Jan. 19 court appearance to having heroin and selling it on April 2, 2015. She pleaded guilty and faced a maximum sentence of 1 ½ to 8 years in prison. However, as part of a plea deal, Gallagher, a second felony offender, would not be sentenced to more than 3 years in state prison.

Judge Punch gave her the maximum as part of the plea agreement.

Gallagher’s attorney, Mark Lewis, said she has struggled with heroin addiction. She stayed off the drug for three years before a relapse, Lewis said in court today.

“She is addicted to heroin,” Lewis said. “She has a terrible affinity for it.”

Punch said Gallagher sold heroin on multiple occasions.

“You are not the victim,” the judge said. “You are creating multiple victims.”

Punch also ordered Gallagher to pay $180 in restitution to the Orleans County Major Felony Crime Task Force for drug buy money, and also suspended her driver’s license for 6 months.

In another sentencing, a Barre resident was sentenced to 2 years in state prison for violating his probation.

Joseph A. Smith, 21, of Oak Orchard Road was convicted in Ontario County for first-degree sexual abuse on Nov. 15, 2011. He allegedly had sexual contact with a child age 6 for that crime.

He admitted in a previous court appearance to violating his probation by leaving the area in a visit to Alabama without notifying probation, consuming alcohol on another occasion, meeting unsupervised with a 17-year-old girl, contacting a 17-year-old girl through social media, and being discharged from a sex offender program for noncompliance due to the drinking violation.

Judge Punch said those represent “substantial violations” to Smith’s probation and Punch sentenced Smith to 2 years in prison, plus 3 years of post-release supervision.

Smith apologized in court today.

“I am extremely remorseful to my victim,” he said. “I don’t know what was going through my mind.”

Punch said Smith has shown no progress dealing with his issues, has multiple failures on probation, and is a high risk of reoffending.

The judge today also arraigned a Holley man on several drug charges. Christopher J. Price, 28, of 1 Thomas St. was arrested on Feb. 4 and has been in jail since then. He is suspected in the manufacturing, sale and distribution of methamphetamine in the Village of Holley.

He was arraigned on charges of criminal sale of a controlled substance in the fifth degree, two counts of criminal possession of a controlled substance in the fifth degree, one count of unlawful manufacturing of methamphetamine in the third degree and one count of criminal possession of precursors of methamphetamine.

He pleaded not guilty to the charges.