MASSENA - A Massena man currently serving a sentence in the county jail has been granted a conditional discharge on a petit larceny count, with a stipulation he make restitution. But he was warned if he violated that conditional discharge he could be resentenced to up to another year in the St. Lawrence County Correctional Facility.
Massena Village Justice Eric J. Gustafson placed Scott D. Donnelly 21, of 100 Water St., Massena, under a one-year conditional discharge after he pleaded guilty to a single petit larceny count in a plea bargain agreement that satisfied a sixth-degree conspiracy charge and a second count of petit larceny. Donnelly was also ordered to make restitution of $200.
"I want it to be clear in your mind that the sentence for petit larceny is up to a year in the county jail, and you could be resentenced to that," Judge Gustafson resentenced. "You are getting a one-year conditional discharge because you are currently incarcerated."
Village police had charged Matthew W. Stewart, 33, of 100 Water St., Massena, and Mr. Donnelly after they reportedly developed a scheme that allowed them to steal approximately $400 from a SeaComm Federal Credit Union ATM machine by making another transaction on a previous user's account.
Mr. Donnelly told police the screen was open under another user's name on Nov. 23, 2010 when they went to the ATM machine, and they made two transactions to withdraw $200 before a third request for an additional $200 withdrawal was rejected.
In other recent court action before Judge Gustafson:
* Savannah M. Banker, 21, of 2539 County Route 28, Madrid, was ordered to pay a $205 surcharge and was placed under a one-year conditional discharge for a petit larceny conviction.
She had been charged with shoplifting five packages of false fingernails, merchandise valued at $28.15, from Walmart on March 5.
* Amanda L. Welcher, 27, of 149 Franklin Road, Waddington, was granted an adjournment in contemplation of dismissal with a stipulation she perform 20 hours of community service.
Ms. Welcher had been charged with petit larceny after she allegedly shoplifted $33.64 worth of merchandise, ranging from hair accessories and razor refills to a V-neck tank top and a pet toy, from Walmart on April 15.
* Melissa A. Woods, 31, of 15 Lesperance Lane, Apt. B, Malone, was granted a one-year adjournment in contemplation of dismissal with a stipulation she perform 10 hours of community service.
Ms. Woods had been charged with petit larceny after she allegedly shoplifted $54.38 worth of merchandise, ranging from a gift bag and a birthday card to two nightgowns, from Walmart on Feb. 11.