Lyndonville man sentenced to state prison after violating Probation

By Tom Rivers, Editor Posted 10 February 2015 at 12:00 am

ALBION – A Lyndonville man had his Probation revoked and was sentenced to 1 1/3 to 4 years in state prison on Monday.

Joseph R. Hagen, 31, was charged in October with harassment for pushing and threatening to kill a person, according to the Sheriff’s Department.

In court last month, Hagen pleaded guilty last month to violating terms of his Probation. He admitted to pushing his wife, failing to report to numerous Probation appointments, traveling to Florida without Probation permission, moving in October without notifying Probation of a change in his address, drinking alcohol, smoking marijuana and not paying restitution since October.

Hagen could have faced up to 7 years in prison. Orleans County Court Judge James Punch decided on 1 1/3 to 4 years.

“He wishes he had done better on Probation,” said Hagen’s attorney Dominic Saraceno.

In other cases in County Court:

An Oakfield resident, Jeremy Lyons of Pearl Street, pleaded guilty to third-degree burglary and could be sentenced to 2 1/3 to 7 years in prison on May 4.

Lyons, 30, admitted he broke into a house on Eagle Harbor Road in Barre on Aug. 10, 2014. He said he was retrieving items that belonged to him. He took those items and also stole copper piping, he told Judge Punch.

A 17-year-old Albion boy pleaded guilty to attempted burglary in the second degree. The judge said he will likely give the defendant youthful offender status. Because of that, Orleans Hub won’t publish the boy’s name.

He admitted he broke into a house on East State Street on Oct. 16, 2014, and took guns from the homeowner. Those guns were later recovered.

The 17-year-old could be sentenced to up to 6 months in jail and be on Probation for five years. Sentencing is April 20.

Jeffrey J. Farrell Jr., 27, of 431 West State St., Albion, was arraigned for third-degree burglary, fifth-degree criminal possession of stolen property and petty larceny. Farrell was charged on Dec. 20 and suspected, along with four others, in a series of break-ins in November and December.

Farrell pleaded not guilty in court on Monday. He remains free on $5,000 bail.

A Holley resident pleaded guilty to attempted burglary in the second degree. Dylan DiPlato, 26, admitted he was in a house uninvited on Sept. 21. Stolen items were in his backpack.

DiPilato said he was drunk when he committed the crime. He said he didn’t intend to be inside the house or steal.

He considered not pleading guilty to attempted burglary in the second degree, but he didn’t want to go to trial and risk being convicted of second-degree burglary.

Assistant District Attorney Susan Howard said DiPilato was interviewed by police when he was arrested and he answered officers’ questions. He also walked upstairs in the house. He wasn’t extremely intoxicated, she said.

Sentencing is set for April 20.