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Schenectady woman given prison term for Drug Court violation

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A Schenectady woman was sentenced Monday in Jefferson County Court to up to six years in state prison for violating her Drug Court contract.

Diona L. Smith, 38, was sentenced to three to six years in prison for a March 28 admission that she violated terms of the substance abuse rehabilitation program that is designed to serve as an alternative to incarceration.

She had been referred to Drug Court in September 2011 after pleading guilty to second-degree criminal possession of a forged instrument and fourth-degree grand larceny. She had been involved in the theft of funds from the Cape Vincent Correctional Facility from March 1 to May 31, 2011, through a check-forging scheme, using inmate accounts to write fake checks and then cashing them downstate.

She violated the program by absconding from its supervision, leading to a second-degree bail jumping conviction, also on March 28.

In other court activity:

Solomon O. Clarke, 20, Brooklyn, pleaded guilty to third-degree criminal possession of a controlled substance. He admitted that on Aug. 15 he possessed cocaine with the intent to either sell or give away the drug in Watertown. He subsequently was sentenced to a year in the PSB and ordered to forfeit $697 in his possession at the time of his arrest.

Peter E. Graves Jr., 22, whose last known address was 117 Meadow Ave., pleaded guilty to third-degree attempted criminal sale of a controlled substance. He admitted that on Sept. 13, with another person, he tried to sell heroin within the county. He is expected to be sentenced May 24 to two years in state prison, followed by an additional two years of supervision upon his release.

Richard L. Ryan, 43, of 116 Casey St., pleaded guilty to third-degree attempted criminal sale of a controlled substance. He admitted that he tried to sell an illegal narcotic substance Oct. 29 within the county. He is expected to be sentenced May 24 to four years in state prison, followed by two years’ post-release supervision. Judge Kim H. Martusewicz will mandate that he serve the sentence in the prison system’s Willard Drug Treatment Program. If an inmate completes the 90-day program, he serves the remainder of his sentence under parole supervision.

Joshua C. Cage, 33, Syracuse, pleaded guilty to third-degree attempted criminal sale of a controlled substance and third-degree unauthorized use of a motor vehicle. He admitted that on Feb. 3 he was driving a 2003 Ford Explorer that had been reported stolen, although he told Judge Martusewicz that he previously had the owner’s permission to use it. He also admitted that when the vehicle was halted on Interstate 81 in the town of Ellisburg, heroin packaged for sale was found in its center console, although he told Judge Martusewicz that he did not know the drug was there. He is expected to be sentenced May 28 to time served in the PSB and five years’ probation.

Kenneth P. Louviere, 43, Clayton, pleaded guilty to first-degree disseminating indecent materials to a child and luring a child. He admitted that he communicated with an underage girl over the Internet and then arranged to meet who he thought was the 14-year-old girl Nov. 17 in Adams. Instead, he was met by a sheriff’s deputy. He is expected to be sentenced June 11 to six months in the PSB and five years’ probation. He also will be ordered to register with the state as a sex offender.

Terrah K. Frederick, 24, Adams Center, pleaded guilty to fourth-degree grand larceny and first-degree criminal contempt as a result of separate incidents. She admitted that she stole more than $1,000 from the Nice N Easy on Route 342 in the town of Pamelia while working there from Aug. 2 to Sept. 10. She also admitted violating an order of protection held by her wife, Christina L. Frederick, by pulling her hair during a March 12 altercation. She is expected to be sentenced June 11 to time served at the PSB and five years’ probation.

David T. Harrigan, 62, of 26137 Allen Drive, pleaded guilty to felony driving while intoxicated. He admitted that he drove while intoxicated Aug. 16 on Route 342 in the town of Pamelia after having been convicted of misdemeanor DWI in 2004. He is expected to be sentenced June 11 to five years’ probation, have his driver’s license suspended and be ordered to install an ignition interlock device on any vehicle he owns or operates.

Jordan M. Paine, 20, Watertown, admitted violating probation by being arrested for second-degree harassment following a dispute with his girlfriend. He was resentenced to time served at the PSB and restored to probation. Information about why he was serving probation was not available from the court.

Charles R. Warner, 61, Theresa, was sentenced to five years’ probation and ordered to pay $72,904 in restitution for a Feb. 22 guilty plea to third-degree grand larceny. He admitted that he stole more than $3,000 by cashing bogus checks at Citizens Bank in the town of Orleans. Police said at the time of his arrest that he opened two accounts at the bank using fictitious names and then deposited checks in the amounts of about $42,000 and $31,000, which were processed, with the money then being withdrawn by Mr. Warner and the bulk of it being forwarded to a contact in Nigeria as part of an Internet scam.

Dominique D. Holton, 24, Watertown, was sentenced to a conditional discharge and ordered to comply with substance abuse treatment for earlier guilty pleas to misdemeanor DWI and second-degree aggravated unlicensed operation of a motor vehicle. He was charged with DWI and driving without a license April 5, 2012, on Black River Parkway when his vehicle was halted for changing lanes without signaling. He also was fined a total of $1,000, had his license suspended and is subject to the ignition interlock provision.

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