|Lewis County Court Activity Report for January 8, 2021
January 11, 2021 06:30 p.m. By: Nick Altmire
Friday in Lewis County Court, with the Honorable Daniel R. King presiding:
David B. Best, 50, of Harrisville, was allowed to vacate a plea to second-
degree Strangulation, a class D felony, after successful completion of
interim conditions of probation, and was then sentenced to a term of
probation on the remaining charge of Criminal Obstruction of Breathing, a
class A misdemeanor. Mr Best pleaded guilty to the charges on December
20, 2019, at the time admitting to applying pressure to the victim's neck
during a dispute in the town of Diana on September 14, 2019, causing
difficulty in breathing and bruising. He was additionally ordered to pay $250
in court fees.
Christopher M. Hemberger, 34, of Clay, NY, pleaded guilty to one count
each of second-degree Criminal Contempt and fourth-degree Criminal
Possession of a Weapon, both class A misdemeanors. Sentencing was
adjourned to March 19, when Mr. Hemberger is expected to receive a 3
year term of probation.
Dennis M. Hungerford, 40, of Turin, was allowed to vacate a plea to a
felony count of Aggravated Driving While Intoxicated, after successful
completion of interim conditions of probation, and was then sentenced to a
conditional discharge on the remaining count of Driving While Ability
Impaired by Drugs, an unclassified misdemeanor. Mr. Hungerford pleaded
guilty to the charges on December 20, 2019, admitting to driving under the
influence of drugs on September 17, 2019, in the town of Leyden, with a 13-
year-old child in the vehicle. He was additionally ordered to pay a $1,000
fine and $225 in court fees.
Justin L. Pettinati, 36, of Putnam Valley, NY, had a guilty plea to a felony
count of fifth-degree Attempted Criminal Sale of a Controlled Substance
vacated, after successful completion of interim conditions of probation, and
instead pleaded guilty to one count of seventh-degree Criminal Possession
of a Controlled Substance, a class A misdemeanor. Mr. Pettinati was then
sentenced to a conditional discharge and ordered to pay $120 in restitution
and $50 in court fees. He additionally agreed to forfeit assets seized at the
time of the crime, including $3,271 in cash and a 2013 Toyota Tacoma
truck. At the time of his October 18, 2019 plea, Mr. Pettinati admitted to
attempting to sell psilocybin mushrooms to an undercover officer during the
moe.down music festival on July 5, 2019 in the town of Turin.
Joshua D. Rogers, 35, of Lyons Falls, was sentenced to serve 1 year in
Lewis County Jail on a charge ot first-degree Attempted Criminal Contempt,
a class A misdemeanor, to which he pleaded guilty to on December 4 when
admitting that he attempted to violate a court order of protection on January
24, 2020 in the town of Lyonsdale. He was additionally ordered to pay $250
in court fees and an order of protection was issued on behalf of the victim.
Shane Witzigman, 36, pleaded guilty to one count of second-degree
Attempted Criminal Possession of Marijuana, a class E felony, admitting to
attempting to possess over 3 pounds of marijuana in the town of Lewis on
October 1, 2020. Sentencing was adjourned to January 22.
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