Armed Robber Sentenced To Six Years, Tests Positive For Marijuana While On Furlough

By: Brian Golden

NORWICH – For the second time in less than two weeks, a convicted felon granted furlough tested positive for an illegal substance, adding another year to an already agreed-upon state prison sentence.

On Oct. 3, accused cocaine trafficker Richard D. Tyler was sentenced to five years in state prison after he tested positive for Oxycotin, an opiate-based, over the counter prescription pain medication. Eleven days later, 24-year-old Anthony R. Botte Jr. was sentenced to six years in state prison, following a positive test for marijuana just days after he was granted a one week furlough.

In 2010, Botte was arrested for an armed hold-up of the Bainbridge Great American. On Oct. 7 of this year, he pleaded guilty to first degree burglary, a class B felony. The furlough, according to defense attorney Frank Revoir, was requested in order to allow Botte a chance to spend some time with his two small children, ages three and one, as well as his family.

Chenango County District Attorney Joseph McBride reminded the court that Botte had committed armed robbery and said he was sure of the court’s, Botte’s family’s and his lawyer’s disappointment in failing to accept the limits of his furlough. There must come a time, however, when Botte “grows up,” said McBride, who added Botte was “not going to prison for the rest of his life” due to his young age.

If Botte “doesn’t give up the dope” and his criminal activities, said the district attorney, “I will put him away for the rest of his life.”

Revoir stressed that his client had been cooperative from the very beginning, had not fled the area when granted furlough and had stayed with his family as he said he would. At that time, Botte had no statement.

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Judge W. Howard Sullivan reminded Botte of his plea deal of five years in state prison, versus the maximum of 25 years, and his promise that, if furlough was violated, he could face an increased sentence.

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