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3 sentenced to state prison for crimes in Orleans County

By Tom Rivers, Editor Posted 27 June 2019 at 11:27 am

ALBION – Three people were sentenced to state prison in Orleans County Court this morning by Judge Sanford Church.

• A Rochester man was sentenced to 3 years in state prison after admitting to selling fentanyl in Orleans County in June 2018.

Oscar Rivera, 24, is a first-time drug offender. He pleaded guilty to attempted criminal sale of a controlled substance in the third degree.

Rivera also needs to pay $100 in restitution to the Orleans County Major Felony Crime Task Force, which was the buy money for the fentanyl.

“I made mistakes in my life and I’m sorry,” Rivera said in court today.

• Jeremy Hodge, 33, of Albion was sentenced to 1 to 3 years in prison for felony driving while intoxicated. Hodge was charged in Clarendon on Jan. 1 and registered a Blood Alcohol Content of 0.30 percent, nearly four times the legal limit. He has a previous DWI in 2012 in Clarendon and also has a pending DWI in Pennsylvania from December 2018.

Hodge said in court he drank a 12-pack of beer during the day before his arrest on Jan. 1.

His attorney asked that he not go to prison because he is a dedicated employee for a painting company and has made strides with alcohol treatment.

Church, however, said he needed to protect the community from Hodge, especially given the high BAC level.

Hodge faces about $2,000 in fines and surcharges and will need to use an inter-lock ignition device on any vehicle he drives for the first year when he is released from prison.

• Devon Cappucci, 25, a former inmate at the Orleans Correctional Facility, was sentenced to 1 ½ to 3 years in prison after pleaded guilty to aggravated harassment of an employee by an inmate.

Cappucci spit blood at a corrections officer in September 2018.

His attorney asked for leniency because Cappucci lost both of his parents at a young age. He is trying to address some mental health issues, his attorney said.

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