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Sentencing Postponed for Admitted Rapist to
Accommodate More Visits With Wife at County Jail


June 21, 2019   10:45 p.m.   By: Nick Altmire
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    Lowville, NY- A Martinsburg man, set to be sentenced in Lewis County Court
    this morning on Rape and Incest charges, unexpectedly had sentencing
    postponed.

    Herbert E. Lamb, 45, pleaded guilty to one count each of first-degree Rape, a
    class B felony, and third-degree Incest, a class E felony, during an appearance in
    Lewis County Court on May 17. Sentencing at the time was set for June 21.

    Sentencing began as scheduled today, with Judge Daniel R. King asking each
    the District Attorney, Public Defender, and the defendant if they had anything to
    say for the record, as is standard procedure.

    District Attorney Leanne Moser told the court that words couldn't express the
    devastation the crime has caused the victim, going far beyond the physical
    nature of the crime.

    "This goes to the heart of betrayal," Ms. Moser said.

    After the District Attorney was finished, Judge King asked if Public Defender
    Gary Miles had anything to say. Mr. Miles said he did not.

    Judge King then asked Mr. Lamb if he had anything to say, a time where
    defendants who wish to speak often express remorse for their crime or an
    apology to the victim before a sentence is imposed. He replied yes, which
    prompted Mr. Miles to conference with his client before allowing him to speak.

    After the brief conference, Mr. Lamb asked if he could have another week in
    county jail before going to prison to serve his expected sentence of 10 years.

    Judge King informed Mr. Lamb that once sentencing was imposed the New York
    State Department of Corrections has up to 10 days to take an inmate into
    custody, but the transfer could take place at any time during that period.

    Judge King asked Mr. Lamb why he wanted the additional time in county jail.

    "To get more visits with my wife," Mr. Lamb replied.

    Mr. Miles indicated that Mr. Lamb was just recently married while incarcerated at
    the jail.

    Judge King then stated that sentencing could be adjourned until July 12, if that
    was what Mr. Lamb wanted to do, keeping him in county jail until sentencing.

    Mr. Lamb and Mr. Miles were agreeable with the adjournment and sentencing
    was postponed to July 12, when Mr. Lamb is expected to receive 10 years in
    State prison and 20 years of post release parole supervision.

    "That was a good thing you did there, Judge," Mr. Miles said.

    "Well, I think the District Attorney about fell out of her chair," Judge King replied.

    "I did, I did," a visibly shocked Ms. Moser responded.

    Also in Lewis County Court today:

    Ryan M. Noftsier, 25, of Lowville, was placed on interim conditions of probation
    for one year after pleading guilty on May 31 to one count of second-degree
    burglary, a class C felony. Mr. Noftsier admitted that on February 24 he entered
    a home in the Town of Martinsburg, with the intent to commit a crime.
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