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Medina man sentenced to 3 years in prison on drug charge

By Tom Rivers, Editor Posted 21 March 2019 at 8:47 pm

ALBION – A Medina man was sentenced to 3 years in state prison today by Orleans County Court Judge Sanford Church.

Collen Poole pleaded guilty on Nov. 29 to a felony drug charge just before he was to go on trial, and could have faced a longer sentence if found guilty.

Poole, represented by attorney Robert Fogg of Buffalo, has tried to withdraw his plea, saying he thought the plea also included a separate assault charge. Poole also said he only had 2 grams of cocaine, which he said was a smaller amount than the charge of fourth-degree criminal possession of a controlled substance.

Judge Church adjourned Poole’s sentencing a week. It was originally set for last Thursday. The judge said he reviewed the transcript of the plea and the assault charge was never mentioned. He said Poole made “a knowing and voluntary plea,” and was in a sound mind on Nov. 29. Judge Church decided against granting Poole’s motion to withdraw the plea, and sentenced him to 3 years in prison, the longest sentence possible as part of the plea deal.

Poole was on parole when police and state parole officers searched his residence on March 1, 2018. They found cocaine, marijuana and pills identified as Hydrocodone and Ecstasy.

Poole’s attorney said Poole went nearly a decade in between the felonies. He said Poole’s actions were driven by a drug addiction. The attorney asked the judge for a lesser sentence that would also include drug treatment.

Judge Church urged Poole to take advantage of any drug treatment programs offered in prison.

In other cases,

• A former Albion resident was sentenced to a year in jail for violating her probation. Amber L. Heveron, 30, now of Medina, was on probation for grand larceny after allegedly stealing heavy-duty batteries from tractors and trucks throughout Genesee County in 2016.

• A Batavia man pleaded guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the third degree.

Dominic Bennett, 27, will face a maximum of six months in jail and five years in probation as part of a plea deal.

He was in a one-car accident on Oct. 27 on Route 31 in Albion, and was taken by Mercy Flight to Strong Memorial Hospital in Rochester. He has recovered from his injuries.

He will be sentenced on June 13.

Michael J. Miller II, 44, of Medina pleaded guilty to driving while intoxicated and faces a maximum of six months in jail and five years of probation when he is sentenced on may 30.

He was charged on Sept. 22 on Townline Road in Yates and registered a .24 BAC, which is three times the legal limit.