LIVINGSTON COUNTY – A Dansville man was sentenced to state prison Tuesday morning for possessing cocaine in April 2016.
After delaying a a guilty plea from last week, Napoleon Bryan, 23, pled guilty to felony Attempted Criminal Possession of a Controlled Substance in the Third Degree and was sentenced to two years in state prison and 3 years of parole as a second felony offender. He was convicted of felony Criminal Possession of a Controlled Substance in the Third Degree in 2014.
“You’re a young man,” said Judge Robert Wiggins. “Get this behind you an stop this, because you’re looking at persistent felony offender status if you don’t.”
Bryan was arrested by the Livingston County Sheriff’s Office on April 19 for Criminal Possession of a Controlled Substance in the Third Degree, with intent to sell. Deputies alleged that the cocaine he possessed was packaged in small bags for sale.
On Aug. 30, he agreed to plead guilty to Possession of a Controlled Substance in the Third Degree with intent to sell. Then, he agreed to the same sentence promise that he was offered Tuesday, 2 years in prison and 3 years of parole.
However, in his colloquy (verbal admission), he said that the cocaine was for his own personal use. In order to plead guilty to the charge, he had to say under oath that he intended to sell the drugs. Judge Wiggins would not accept the guilty plea to the charge and the matter was adjourned.
“I don’t want anyone under oath to say something that isn’t true,” said Judge Wiggins on Aug. 30. “If it is your position that you would have had to do that just now, good for you.”
On Tuesday, Bryan pled guilty to an Attempt on the charge, meaning that no colloquy was necessary.