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Judge sentences drunk driver to state prison

By Tom Rivers, Editor Posted 5 November 2018 at 3:46 pm

ALBION – A Rochester man was sentenced to 1 to 3 years in state prison last week in Orleans County Court for felony driving while intoxicated.

Thomas M. McGill Jr., 47, of Rochester was charged with felony DWI in Clarendon on Jan. 15. It was his third arrest for felony DWI.

“I’ve struggled with this for a long time,” McGill told Judge Charles Zambito. “Unfortunately I relapsed. When I come off of it, my mind and mood changes.”

Joanne Best, the public defender, asked that McGill not be sentenced to state prison.

“Mr. McGill has been struggling for many years with alcohol addiction,” she told the judge.

Zambito said he has “an obligation to protect the community” and sentenced McGill to state prison. When McGill is released, he will have to use an inter-lock ignition device that checks his Blood Alcohol Content.

In other cases in court on Nov. 1:

• A Corfu man was sentenced to six months in the county jail and five years probation for criminal possession of a controlled substance in the fifth degree.

Steven R. Kimmel, 47, was charged in December after being stopped in Albion and allegedly having cocaine packaged for sale in his vehicle.

Jocelyn M. Munn, 23, of Medina was sentenced to a year in the county jail for fourth-degree grand larceny. She allegedly stole jewelry worth more than $8,500.

She needs to pay $8,587 in restitution, plus a 5 percent surcharge for $9,016.

Munn apologized to the victim and to her family. She said she has been battling drug addiction.

She twice need Narcan to reverse a potentially fatal overdose. In jail, she has completed her GED, and is in an addiction treatment program through GCASA.

“It is clear she has a lot of potential and ability,” District Attorney Joe Cardone said in court.

Judge Zambito urged her to continue taking programs in jail and when she is released.

“The problem you have is a deadly one,” he said. “If you don’t address it you will die.”

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