County Court judge sentences 2 to incarceration

By Tom Rivers, Editor Posted 9 March 2022 at 1:52 pm

ALBION – Orleans County Court Judge Sanford Church sentenced two people to incarceration today in County Court.

Gary Ettinger, 35, of Albion was sentenced to a year in state prison and a year of post-release supervision for attempted criminal possession of a controlled substance in the fifth degree.

Ettinger allegedly sold Suboxone to an undercover officer on the Major Felony Crime Task Force. Ettinger also missed several court appearances.

He needs to pay $60 in restitution to the Task Force, a $300 court surcharge and $25 crime victims fee.

Spencer Burton, 20, of Albion was sentenced to six months in the county jail and 10 years of probation for second-degree rape. He forced a 13-year-old female to have sex when Burton was 19.

Burton apologized to the victim in court today.

“I take full responsibility for my actions,” he told Judge Church. “I knew they were wrong.”

District Attorney Joe Cardone said the crime has had “a tremendous ripple effect on the victim’s family and his (Burton’s) family.”

The DA asked the judge to sentence Burton to time in jail and on probation.

In addition to the jail and probation, Burton must also pay a $1,000 sexual offender victim fee, $300 court surcharge, $50 crime victim’s fee and $50 DNA fee.

He also will likely be on the sex offender registry. There will be a hearing on May 18 to determine if he will be on the sex offender registry and at what level.

In another case in county court recently, a jury found Dino Callara, 54, guilty on Feb. 22 of one count of 4th degree grand larceny and two counts of petit larceny. He will be sentenced on April 20 and faces a maximum of 4 years in prison.

Callara is being held without bail until sentencing because he attempted to contact a juror after both sides rested in the trial, but before deliberations. Anthony Bruce of Orchard Park served as special prosecutor in the case.