OSWEGO, NY – Emmanuel A. Frederick (dob: 5/12/59) of Scriba, NY, was sentenced today (July 28) in Oswego County Court to 9 years in state prison, along with 3 years post-release supervision, on each of three separate counts of Criminal Possession of a Controlled Substance in the Third Degree, a Class B Felony.
On July 2, a jury found Frederick guilty of the three felonies after a four-day trial in Oswego County Court.
Two counts were based upon an allegation that he possessed cocaine and heroin with the intent to sell. The remaining counts were based upon an allegation that he possessed more than a half an ounce of cocaine.
The maximum possible sentence for each charge was 12 years.
Since all of the drugs allegedly were possessed at the same time and place, the court had to run the sentences concurrently, meaning Frederick could receive no more than 12 years total.
The charges were filed after multiple law enforcement agencies executed a search warrant at Frederick’s residence on Middle Road in the town of Scriba on July 15, 2014.
During the search, officers discovered heroin and more than ½ ounce of cocaine, both of which were packaged for sale.
Officers also located packaging material inside the residence.
In 2011, Frederick was convicted of Attempted Criminal Possession of Controlled Substance in the Third Degree, a class C felony, based upon the possession of cocaine at the same address in Scriba.
Frederick was sentenced to 6 years in state prison and 3 years post-release supervision at that time, although he was granted early release by the NYS Department of Corrections after completing a court-ordered drug treatment program.
Attorney Anthony DiMartino, who represented Frederick throughout the case, asked the court to order the same treatment program as four years ago.
Chief ADA Mark Moody, who tried the case on behalf of the prosecution and spoke at sentencing, strongly opposed the request.
The Hon. Donald Todd, who presided over the trial and imposed the sentence today, denied the defendant’s request for court-ordered treatment.
District Attorney Gregory Oakes praised the court’s decision, noting, “Treatment is for addicts. Frederick is a profiteer who poisoned our community for financial gain. I’m thankful that the court recognized the difference and punished him accordingly.”
District Attorney Oakes commended the exceptional efforts of the Oswego City Police Department, the U.S. Boarder Patrol, ICE, and the Oswego County Sheriff’s Office, which were all involved in the investigation and arrest of Fredericks last year.
“We are working cooperatively to identify dealers and remove them from our streets,” Oakes said. “I want to thank all of the officers who worked so hard to make today possible.”