Defendant Sold Over One-Half Ounce of Cocaine and Heroin
Orange County District Attorney David M. Hoovler announced that on Thursday, March 29, 2018, Joe Bailey, a/k/a “Capital”, 37, of Newburgh, pleaded guilty before Orange County Court Judge Robert H. Freehill to Criminal Sale of a Controlled Substance in the Second Degree, for having sold more than one-half ounce of crack-cocaine and heroin in May 2017. At the time Bailey pleaded guilty, he admitted having sold those narcotics in the vicinity of South Lander Street and Spring Street, in the City of Newburgh.
Bailey was arrested by the Orange County Drug Task Force after an Orange County grand jury had charged him with the Class A-II felony of Criminal Sale of a Controlled Substance in the Second Degree. At the time Bailey pleaded guilty, the District Attorney’s Office stated that it would recommend that he be sentenced to ten years in state prison and five years post-release supervision when he is sentenced on April 26, 2018. The court indicated it would sentence him to no more than seven years in state prison and five years post-release supervision.
District Attorney Hoovler thanked the Orange County Drug Task Force for their investigation into Bailey and his apprehension
The case is being prosecuted by Assistant District Attorney Neal Eriksen.
“Anyone who sells narcotics in these amounts and for this amount of money deserves a severe state prison sentence,” said District Attorney Hoovler. “My office will work with all of law enforcement partners to combat the sale of illicit narcotics on our streets. While we remain committed to encouraging treatment for many offenders who are addicted to narcotics, the only effective way to combat the opioid epidemic is to seek severe penalties for higher level narcotics dealers.”
A criminal charge is merely an allegation by the police that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.