Former crack dealer, already in prison, admits guilt to new drug charge

Philip R. Ayala accepted a plea deal today in Genesee County Court to a Class B non-violent felony of criminal possession of a controlled substance in the third degree. He will be sentenced at a later date this summer.

The former crack cocaine dealer and felon who once lived on Summit Street in the City of Batavia is now serving eight years in prison on other drugs charges prosecuted in Orleans County.

Acting Judge Michael F. Pietruszka can impose a sentence of anywhere from two to 12 years on the new charge, with one and a half to three years post-release supervision. Whatever sentence the judge decides will run concurrently with the defendant's existing sentence, under terms of the plea bargain. Ayala waived his right to any appeal.

Pietruszka ordered a pre-sentence report for Ayala, who is about 5'8" and slightly built.

When asked by the judge this morning, Ayala admitted to possessing (crack) cocaine with the intent to sell it last July in the city. That was while he was living on Vine Street in Batavia.

He was arrested on a sealed warrant out of Orleans County and had 62 bags of crack cocaine in his possession when they found him.

Ayala was out on bail awaiting sentencing in August. He had pled guilty to a Class C felony for fourth-degree criminal possession of a controlled substance stemming from a raid by law enforcement in Orleans County in December 2014. He was to get no more than five years in prison IF he didn't break the law prior to his sentencing.

As it stands, if he gets the maximum of 12 years, in addition to the eight he's already serving, that's four more years.

As was the case in April when today's plea cut-off date was set, there were several friends and family members in the gallery, tots to middle age, pointing, smiling and silently mouthing words. When his case ended, they stood and again said "Love you bro' " "Keep your head up!"