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A LeRoy woman spent her 51st birthday this morning pleading guilty to criminally negligent homicide and the criminal sale of a controlled substance.

The case stems from the March 10 death of Yvonne Hart, who used a skin patch containing the narcotic Fentanyl given to her by Joann M. Rusby, of 92 Lake St.

Rusby is scheduled to be sentenced concurrently for the felonies at 9 a.m., Tuesday, Oct. 6.

She waived the right to a jury trial by the "factual admission" of the "sale" of Fentanyl to Hart. Under state law, even though the drug was given to the victim and not sold for money it is still considered a sale because the giver knew it would be used illegally by the victim.

In explaining this, Judge Robert C. Noonan asked Rusby if she gave the transdermal patch to the 53-year-old knowing Hart would apply it to herself.

"Yes, sir," Rusby said softly.

The act resulted in the "unjustifiable death" of Hart, the judge said.

Fentanyl is one of the most widely prescribed synthetic opioids used to treat chronic pain. It is a Schedule II narcotic because of its potential for abuse and is 100 times stronger than morphine.

Rusby, who shuffled into court in shackles, appeared tearful, dabbing her eyes with a tissue. She sat with her shoulders slumped and took deep breaths from time to time.

She originally was charged with third-degree criminal sale of a controlled substance, third-degree drug possession and second-degree manslaughter, which could have resulted in up to 15 years in prison.

The indictment was waived and charges were reduced under a plea deal between Rusby's Batavia attorney Thomas Burns and District Attorney Lawrence Friedman.

As a first-time offender, she faces a maximum of nine years in state prison for the drug sale and one to four years for Hart's death, which will be served concurrently.

In addition, she can be fined up to $5,000. She must pay the justice system a mandatory surcharge of $350 for her crimes, a $50 fee for processing her DNA into the criminal justice data bank, and a 10-percent surcharge of any monetary damages awarded to the victim's family in a civil suit.

After she's released from prison, she'll be on parole for two years.

She remains in Orleans County jail in lieu of $25,000 bail.

In addition, Rusby was ordered to stay away from two women in connection with the case. The one-year order of protection was issued to Jessica Dempsey and Stephanie Arnold.

The courtroom was nearly empty at the hearing, except for myself and two women sitting on the prosecution's side, whom the defendant paid no attention to.