Man who sold drugs with mother is sentenced to 3 years in prison
ALBION – An Albion man who admitted to selling drugs with his mother was sentenced to 3 years in state prison on Monday.
David Nichols, 28, on Dec. 16 pleaded guilty to criminal possession of a controlled substance in the fifth degree. Nichols admitted to trying to sell prescription narcotics that were rolled into cigarettes.
He faced 1 ½ to 4 years in state prison as a second-felony offender. Orleans County Court Judge James Punch gave Nichols 3 years.
Nichols has a prior charge of first-degree criminal contempt in Genesee County in November 2008 as well as other charges when he was granted youthful offender.
He was represented by the public defender’s office, which said in court that Nichols was left to “fend for himself” in ninth grade when he was mother was sentenced to prison. Nichols quit school in ninth grade and tried to support himself.
Judge Punch said Nichols had several opportunities through probation to avoid crime but he “failed miserably.” The judge said Nichols capitalized on the misery of others by “spreading synthetic narcotics.”
His mother and brother also await sentencing. Theresa S. Nichols, 51, has pleaded guilty in Orleans County Court to selling hydrocodone and other prescription narcotics.
She could face up to four years in state prison after she pleaded guilty to attempted criminal sale of a controlled substance in the third degree. She will be sentenced on Feb. 24. She admitted in court to selling hydrocodone to an undercover police officer.
She also faces a charge of felony welfare fraud in the third degree.
Her son Josh Nichols, 26, will be sentenced on March 24. He could face up to 2 ½ in state prison after pleading guilty to criminal possession of a controlled substance in the fifth degree.