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3 are sentenced in County Court, including man to 5 years in state prison

By Tom Rivers, Editor Posted 4 January 2016 at 12:00 am

ALBION – A Bergen man was sentenced to 5 years in state prison today following his July arrest on numerous drug charges.

Delmus R. Tanner, 35, of Lake Road in Bergen faced multiple drug possession and sale charges. He is a second felony offender who was previously sentenced for third-degree criminal possession of a controlled substance in Orleans County on Dec. 5, 2008.

He was charged with nine counts of criminal sale of a controlled substance in the third degree, as well as other drug charges in July.

Tanner apologized for the crimes today during sentencing in County Court.

“I admit I was wrong,” Tanner told Judge James Punch. “I will use my time in incarceration to better myself.”

Tanner said his father died from drugs. Tanner doesn’t want to leave that example to his children.

His attorney Larry Koss said Tanner had been off drugs for 20 months and had held a job for 13 months before reconnecting with a friend and started using drugs one time. That was “the beginning of the slope” in the latest drug problems for Tanner, Koss said.

Punch said Tanner was involved in multiple drug sales and has had numerous opportunities to stay away from crime.

“I have no choice logically but to sentence you to state prison,” Punch said in sentencing Tanner to five years in state prison, plus three years of post-release supervision.


In other sentencings today:

A Batavia woman was given four months of weekends in jail plus 5 years of probation. Brooke M. Wenner, 30, of Summit Street was arrested in July and faced multiple criminal sale and criminal possession charges.

Wenner does not have prior felony charges. Punch said it was “a close call” in deciding not to send her to state prison. He allowed her to keep her driver’s license so she could continue to drive in her job so she could support her family.

A Holley resident who violated his probation was sentenced to 1 to 3 years in state prison.

Joseph Koneski, 49, was previously sentenced for driving while intoxicated in Ontario County. He violated his probation by drinking alcohol, using drugs and leaving the jurisdiction without notification.

Judge Punch said Koneski has six prior arrests for DWI or driving while impaired.

“It’s almost unbelievable you got the sentence you got in Ontario County,” Punch said about the probation sentence, given Koneski’s history.

Punch revoked Koneski’s probation and sent him to prison.

“You are a danger to the people on the highways,” the judge said.