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Mother who sold drugs could face 4 years in prison

By Tom Rivers, Editor Posted 10 December 2013 at 12:00 am

Theresa Nichols

ALBION – An Albion woman pleaded guilty in Orleans County Court on Monday to selling hydrocodone and other prescription narcotics.

Theresa S. Nichols, 51, of 209 North Main St. 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.

As part of the plea, Nichols’ maximum prison sentence will be reduced from 5 ½ years to four. She was charged on Oct. 1 with two counts of criminal sale of a controlled substance in the third degree, two counts of conspiracy in the fourth degree, one count of criminal possession of a controlled substance in the third degree, one count of criminal sale of a controlled substance in the fifth degree, and one count of criminal possession of a controlled substance in the fifth degree.

Nichols has a prior criminal history. She admitted in court to selling hydrocodone to an undercover police officer.

Nichols was on social services and disability. She was selling prescription narcotics to supplement her income, her attorney Michael O’Keefe told County Court Judge James Punch.

She also faces a charge of felony welfare fraud in the third degree.

She remains in county jail on $25,000 bail. Judge Punch set a Feb. 24 sentencing for Nichols.

Her two sons also face numerous counts of criminal possession and sale of a controlled substance. The sons, along with their mother, were allegedly selling hydrocodone and tramadol pills, which were prescribed to the mother.

Joshua Nichols, 26, of 209 North Main St. appeared in county court on Monday. He was initially assigned a public defender, but Punch said Nichols earns too much money to qualify. He gave Nichols until Monday to hire an attorney.


In other cases in county court on Monday:

A Rochester woman was sentenced to four months of weekends in jail for selling cocaine.

Raquel T. Torrez, 34, of 256 Ave. D, Rochester was arrested on June 19 and charged with four counts of criminal sale of a controlled substance in the third degree. She pleaded guilty to fifth-degree criminal sale of a controlled substance.

Torrez is a cancer survivor who cares for five children, including a son with disabilities.

“I know you’re not the kingpin behind a drug operation, but you were fully involved,” Punch said during sentencing.

The judge was going to revoke her driver’s license, but issued a hardship waiver so she can drive to and from jail and take her son to physical therapy.

A Rochester woman was sentenced to a year in the county jail for felony driving while intoxicated.

Julie M. Makowski, 50, took a breath test two hours after being arrested on March 31 and registered a 0.15 blood alcohol content, nearly double the legal limit for driving drunk.

Punch said she also must install an interlock ignition device, which checks her BAC, on any vehicle she drives in the future. Her license to drive was revoked for a year.

An Appleton woman appeared in court on charges of third-degree grand larceny.

Dawn Papazian allegedly stole a horse trailer from Lynn-Ette and Sons farm in Kent. Judge Punch set $1,000 bail for Papazian, who is to reappear in court on Dec. 23 at 2:30 p.m.