The Journal Register (Medina, NY)

October 24, 2012

county court Albion man pleads to repeat drunk driving charge

STAFF REPORTS
Medina Journal-Register

Medina Journal-Register — ALBION — An Albion man who registered a .26 of one percent blood alcohol content after driving his vehicle on the highway pleaded guilty to a reduced charge in Orleans County Court Monday.

Brandon Kirby, 25, was charged June 5 with driving while intoxicated, driving while intoxicated with a prior DWI arrest, aggravated driving while intoxicated, aggravated unlicensed operation of a motor vehicle and use of a leased/rented/loaned vehicle without permission following a civilian complaint about his driving.

Monday, he plead guilty to a reduced charge of having committed his second DWI offense within five years, a Class E Felony, and circumvention of an interlock device. The DWI charge carries a potential sentence of between 1 1/3 to four years in jail, District Attorney Joe Cardone said.

Kirby faced a Class D Felony, which carried a jail sentence of up to seven years, due to having two previous driving while intoxicated offenses in the last ten years. He was charged in 2007 with felony DWI in the Town of Murray and was charged in 2010 with DWI in Colorado.

According to the plea entered Monday, Kirby’s sentence in the 2010 offense included that he would have an interlock device installed in any vehicle he was operating. The vehicle he was in at the time of his June arrest did not include such a device.

Kirby is scheduled to be sentenced Jan. 3 in County Court.

• Jerome L. Phillips, 25, Brighton, plead guilty to third-degree attempted criminal sale of a controlled substance Monday.

Phillips, who faces up to 5 1/2 years in prison for the Class C Felony, was arrested in May as part of the Orleans County Major Felony Crime Task Force’s ongoing  investigation into the sale of cocaine in Eastern Orleans County.

His sentencing is scheduled for Jan. 3.

• Philip Barsanti will be held without bail until his Jan. 3 sentencing for fourth-degree grand larceny. County Court Judge James Punch said Barsanti’s use of multiple residences and phone numbers have not allowed the court to ensure he would come to his sentencing.

Barsanti, who was charged in August with 13 charges stealing a truck and ramming it into his girlfriend’s car before getting into an altercation with Albion Police, plead guilty to the single charge in August.