3 from Orleans sentenced to state prison

By Tom Rivers, Editor Posted 20 April 2015 at 12:00 am

ALBION – Three Orleans County residents were sentenced to state prison today by County Court Judge James Punch.

Dylan DiPilato, 26, of Holley was sentenced to 2 years in state prison and 2 years of post-release supervision.

In February, he admitted he was in a house uninvited on Sept. 21. Stolen items were in his backpack. He pleaded guilty to attempted burglary in the second degree.

His attorney, assistant public defender Dominic Saraceno, said DiPilato was in a car accident in 2007 and became addicted to pain killers, which led him to become addicted to heroin and alcohol.

Saraceno and DiPilato both requested an in-treatment program, rather than prison.

“I apologize to the homeowner, to the court system, to my family and to anybody involved by my negative actions,” DiPilato said at sentencing. “I want to say I’m extremely remorseful for what I’ve done.”

Judge Punch said having drug and alcohol problems doesn’t excuse someone from committing crimes. Punch said entering a home uninvited and sifting through their private possessions is a serious offense.

“People want to feel secure in their homes,” Punch said.

In other cases:

An Albion man was sentenced to 1 to 3 years in state prison after being arrested on Aug. 16 for third-degree and fourth-degree criminal possession of a weapon.

Matthew Mudge, 24, admitted in county court in January that he had a loaded .380 caliber automatic pistol on Aug. 16. He said he acquired the pistol at a gun show. Mudge did not have a pistol permit.

He was charged last August following investigation of a “suspicious person” complaint on Bass Road in the Town of Carlton. Mudge said he was lost in Carlton when he knocked on a door looking for directions. A deputy stopped him soon after and did a search, finding the pistol on Mudge.

Saraceno, Mudge’s attorney, said Mudge did not threaten anyone with the gun and he has been a model inmate in the jail.

Punch said Mudge has already accumulated “a fairly serious criminal history in a short period of time.” The judge said Mudge should have known he shouldn’t walk around with a loaded handgun.

An Albion teen was sentenced to 1 to 3 years in state prison for burglarizing an Albion house and stealing two rifles from the home in October.

The 17-year-old was given youthful offender status so Orleans Hub won’t include his name.

The teen faces additional charges for allegedly burglarizing another home on East State Street on March 10.

Today’s sentencing doesn’t include the March 10 crime where the teen faces additional charges of second-degree burglary, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree and petty larceny.

“I feel terrible about it,” the teen told Judge Punch during the sentencing about the October incident.

The judge declined to give the 17-year-old probation, given the recent arrest.

“I don’t think you have the kind of attitude I’m looking for,” Punch said.

An Albion man who was scheduled to be sentenced in November had the sentencing adjourned again, this time until Aug. 17 to give him more time to recover from injuries.

James Herring III, 24, of East State Street is accused of selling cocaine on May 22, 2013. He faces up to 2 ½ years in state prison. He has pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

Herring is in a wheelchair and can’t walk. He is continuing to receive treatment. He thanked the judge for delaying the sentencing so there is more time for recovery.