Rochester man could get 5 years for selling cocaine

ALBION – A Rochester man could face up to 5 years in state prison after he admitted in Orleans County Court today that he sold cocaine.

Keith Toney, 36, of Rochester faces up to 5 years in state prison as a second felony offender.

Toney and a Rochester woman Lakusha McMorris, 35, both were arrested on Jan. 27 following a six-month investigation into the sale and distribution of crack cocaine from the City of Rochester to Medina.

Toney admitted in court today he arranged the transactions by phone and McMorris said she was the delivery person on three occasions. Toney was charged in January with nine counts of criminal sale of controlled substance in the third degree.

Toney pleaded guilty today to third-degree attempted criminal sale of a controlled substance. He pleaded guilty specifically to arranging for a cocaine sale at the Wal-Mart parking lot in Brockport on Aug. 27, 2014.

He made the deal with an informant from Orleans County, which is why the case is being handled in Orleans County Court. Brockport is located in neighboring Monroe County.

Judge James Punch wanted another week to study the case law regarding whether McMorris’s crime should be handled in Orleans County. She said she didn’t make the phone calls or have contact in Orleans County with the drug buyers. She said she was delivering the drug for Toney.

District Attorney Joe Cardone said case law supports McMorris being tried in Orleans County as an accomplice to the sales arranged by Toney.

“We’ll check the jurisdictional aspect,” Punch said. “It’s an unusual case.”

McMorris, a first time felony offender, is due back in court on May 11.

Toney will be sentenced on Aug. 17.