Accused Drug Offender, Sex Offenders Appear In County Court

By: Cameron Turner

NORWICH – Cases involving sex abuse and marijuana were heard in Chenango County Court on Monday.

Judge Frank B. Revoir Jr. was the Chenango County Court Judge presiding over each of the cases.

District Attorney Joseph A. McBride was present on behalf of the people.

• Kyle J. Hackett appeared in court with his attorney George Hildebrandt, in order to outline the offer of a plea and sentence agreement.

Hackett is charged with rape in the first degree, a class B felony; sexual abuse, a class D felony; and endangering the welfare of a child, a class A misdemeanor.

McBride noted that prior to this court date, First Assistant District Attorney Michael Feraresee handled this case but the offer on the table was a sentence of three years.

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Hilderbrandt indicated that his client has openly expressed that he rejected this offer from the District Attorney’s Office.

“If you were to plea guilty to this lesser charge, you would be sentenced to a determinate sentence of three years in the New York State Department of Corrections, with a mandatory three years of post release supervision,” Revoir explained. “If you choose to take this to trial and are convicted of the top count, the court will then be limited in what they can do. The minimum sentence then would be five years incarceration, five years post release, and the maximum you could be sentenced to is 25 years incarceration with post release. Do you still intend to reject the offer from the District Attorney?”

“Yes I do,” answered Hackett.

At this time the McBride and the District Attorney’s Office withdrew their plea offer.

Revoir then set the matter down to go to trial.

As the upcoming trial schedule is not complete, the date for the trial will be determined at a later date.

• Devan Cooke appeared in Chenango County Court with his attorney Alyssa Congdon in order for a possible change of plea and sentencing.

Cooke recently had entered a not guilty plea to the charge of criminal possession of marijuana in the second degree, a class D felony.

If Cooke were to change his plea to guilty, the offer from the District Attorney’s Office is one-year incarceration in the New York State Department of Corrections with one-year post release, as well as being placed into the SHOCK program for drug rehabilitation.

Congdon explained that Cooke would only ask Revoir to recommend him for the SHOCK program but not mandate it, as Cooke would like the ability to choose if he would like to participate.

During the initial questioning from Revoir, it was made known that Cooke has been in three different rehab programs for drug addiction as well as out patient, with the most recent instance coming this past summer of 2015.

Revoir read the indictment of the charges, “The first count charges you with the class D felony of criminal possession of marijuana in the second degree. On March 8, 2015 at approximately 3:55 p.m. in Norwich and with concert with one or more others you possessed one or more mixtures containing marijuana with an approximate weight of 664 grams of marijuana.”

Cooke did change his plea to guilty at this time and verbally waived his right to appeal.

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McBride then continued to question Cooke asking, “You came to our town with how much, two pounds about, were you going to sell it?”

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