A Batavia man involved in the Summit Street raid in December received eight years in state prison yesterday, the maximum sentence available to Judge Robert C. Noonan.
Philip R. Ayala, 30, of Summit Street, was given the maximum sentence after he was arrested on additional felony possession of a controlled substance charges earlier today.
The recent charges result from an incident on July 9 when Ayala was arrested on a sealed indictment warrant out of Orleans County while on Vine Street in Batavia. When Ayala was arrested, he allegedly possessed 62 bags of crack cocaine.
Those charges violate the plea offer he accepted in June regarding the raid in December.
On June 3, Ayala pled guilty to fourth-degree criminal possession of a controlled substance, a Class C felony. After a $40,000 bond was posted for him, he was released until sentencing scheduled for Aug. 4. With the plea deal, he would have received no more than five years in prison if he didn't break any more laws prior to the sentencing date.
Due to Ayala's additional pending drug charges after he was released, Noonan adjourned the sentencing yesterday to conduct a pre-sentencing investigation. The sentencing resumed after Ayla was arrested today.
Assistant District Attorney Will Zickl requested that Ayala be given the max.
"One thing that is clear is the defendant is deeply committed to drug dealing and undertakes it as a business venture," Zickl said. "Ayala's criminal record and recent charges suggest he will never stop dealing drugs."
Ayala's attorney Jamie Welch argued that the defendant didn't violate the plea offer because he wasn't arrested prior to the original date of sentencing, Aug. 4. As a result, he stated the judge should impose no more than five years in prison.
Ayala made a short statement telling the judge he knew what he did was wrong and that he was sorry.
After hearing all the statements, Noonan said this was not the first time he has adjourned a sentencing to conduct an investigation after a defendant has been accused of additional charges. Noonan stated Ayala did violate the offer and should receive a longer prison sentence. Thus, Ayala was sentenced to eight years in state prison and three years post-release supervision.
