Livermore recalls motion vacate DWI crash conviction
Sabrina Livermore, 31, of Oneida County, previously convicted of a fatal drunk driving crash in 2014 that took the life of a Dundee woman and injured several others, has formally withdrawn her request to have her conviction vacated and her case reviewed.
Livermore appeared in Yates County Criminal Court Tuesday, Aug. 13 seeking to have her conviction vacated based on her claim that she had received ineffective counsel from her attorney, Edward Fiandach.
Yates County District Attorney Todd Casella released the information stating, “The People made it very clear that in the event that she was successful with this application that there would be no negations for a lesser sentence than what she initially received. In fact, the People made it clear that the defendant would not be offered anything short of a plea to the entire indictment and we would advocate for the maximum sentence. Ultimately, the defendant decided to forgo the hearing that was scheduled on her motion, and to discontinue the motion.”
In her plea hearing Jan. 5, 2016, Livermore admitted she was the driver of a car that left Randall Crossing Road in Milo July 17, 2014 and struck two other cars on State Route 14, killing Roxan E. Meier of Dundee, and injuring five other people, including three in her own vehicle. According to New York State Police, Livermore’s BAC was 0.10.
Livermore, then 27, was sentenced to 3 to 9 years in state prison by Judge W. Patrick Falvey March 1, 2016 in Yates County Court after entering a plea of guilty to aggravated vehicular homicide (class B felony) and driving while intoxicated. She was also sentenced to a 1-year concurrent term for the DWI charge, plus a $1,000 fine, mandatory surcharges, DNA registration fee, license revocation, and ignition interlock upon release.
On parole since Feb. 28, 2019, living back in her hometown and employed, Livermore appeared in August with her new attorney, John Cirando, before Yates County’s current Judge, Jason Cook. In the 440 motion, they asked that Livermore’s conviction to be vacated and she be allowed to plead again and be resentenced to the earlier offer of 2 to 6 years in prison.
Assistant District Attorney Michael Tantillo filed his response to the motion, citing several defects in Cirando’s arguments, most notedly that there is no provision in the law that would require Livermore to plead guilty again, nor require the prosecution to offer the very generous plea deal to just two counts of the 23 count indictment. Accompanying Tantillo’s response was an affidavit from Fiandach refuting the Livermores’ account of their numerous meetings and their contention after the fact that his defense was in any way inadequate.
After that hearing, Casella vowed that if the motion were to be granted, then the case would be “back at square one,” that no offer would be made to Livermore, and that with doubts of her remorse for the death of Roxan Meier and the injuries to her other victims, the D.A.s’ office would take the matter to trial and seek the maximum sentence.
Cases heard in Yates County Criminal Court by Judge Jason L. Cook Tuesday, Nov. 12 included:
JAMES E. RIBBLE, 34, charged with 1st degree criminal contempt and two counts each of 3rd degree criminal possession and 3rd degree criminal sale of a controlled substance, rejected a plea bargain for reduced sentencing.
Ribble was arrested July 19 by Penn Yan Police on a Yates County Superior Court warrant after he allegedly sold crack cocaine to an agent of the PYPD on two separate dates. Ribble was arrested again Sept. 6 by PYPD investigating an incident in July when he allegedly violated a Yates County Family Court stay away order of protection.
Facing 15 years to life in prison as a persistent felony offender on the contempt charge, plus 24 years in potential consecutive sentences on the drug charges, Ribble was offered 1 1/2 to 3 years for the contempt and 9 years followed by 3 years parole on the drug counts, served concurrently.
Rejecting the offer, Ribble was remanded back to the county jail on continued bail of $25,000 or $50,000 bond. His trial is scheduled for Jan. 13, 2020.
ROBERT WOOD II, 34, charged with aggravated DWI with a. 18% blood alcohol content or greater (class E felony), accepted a plea offer for 1 to 3 years in prison.
He is also facing charges in Jerusalem, Penn Yan, and Chemung County where he is being held for one count of 1st degree falsification of business records and 31 counts of unlawful possession of hypodermic instruments. Sentencing will be Dec. 17.
COREY MARTIN, 36, pled guilty to violating probation for his felony DWI conviction. He was convicted of aggravated unlicensed operation in Penn Yan Village Court, has a companion case in Middlesex Town Court, and has continued substance abuse. He was promised 1 to 3 years in resentencing and was remanded without bail until his reappearance.
RICHARD HALL, 57, convicted of failing to report a change of address as a registered sex offender (class D felony), was sentenced to 1 1/3 to 4 years in prison. In May, he moved from Main St. to Stark Ave. in Penn Yan without notifying the sex offender registry or law enforcement. Hall was convicted of the same crime in 2014 and was sentenced to 1 year in jail.
ERICK HERNANDEZ, 32, of Waterloo, convicted of felony 1st degree aggravated unlicensed operation and DWAI by drugs, was sentenced to 1 year in jail. He was arrested following investigation of a property damage accident on Pre-Emption Road July 9 where he damaged a utility pole and guy-wire. His license was under five separate suspensions, and he had been using marijuana.
ROBERT DAVIS, 38, of Dundee, convicted of possession of a sexual performance by a child (class E felony) was sentenced to 1 to 3 years in prison and registration as a sex offender. He admitted to possessing on his tablet in May, pictures of minors engaged in sexual acts.
JENELLE M. MENIO, 26, appeared for arraignement on violating her probation for a 2016 conviction of 3rd degree criminal sale of a controlled substance (heroin, class B felony). She pled not guilty. In September, Menio and a 16-year-old juvenile were also discovered with LSD as passengers in the vehicle of JOHN J. MORRISON after he was stopped for speeding in Saratoga. Smelling of marijuana, the vehicle was searched, revealing concentrated cannabis, marijuana, and LSD. They were charged with felony criminal possession of a controlled substance in Saratoga Springs City Court.