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Two drug deals send Batavia man to prison for three years

By Howard B. Owens

A Batavia man whose attorney said he just responded to a friend's request for help when he sold her drugs is going to prison for three years for criminal sale of a controlled substance. 

James Soccio, 34, was arrested in June after twice selling drugs to a person acting as an agent for the Local Drug Task Force. He pocketed $120 on the deals.

Attorney Fred Rarick, when arguing for a light sentence for his client before Interim Judge Michael Pietruszka said the transaction apparently came about after an addict, a friend of Soccio's who was recruited for undercover work by the task force, came to Soccio and begged him for help.

A former addict himself, Soccio, Rarick said, was trying to do a friend a favor. It was wrong and poor judgment on his part, Rarick said, but Soccio has been known to help friends in other ways when they ask for it. 

Pierruszka said he received several letters of support from members of the community, including Pastor Marty Macdonald, who portrayed Soccio as a stable member of the community. He has a longtime girlfriend and has worked steadily in Genesee County for several years.

As part of the pre-sentence process, Soccio was evaluated for possible substance abuse treatment himself, but counselors determined Soccio is not himself an addict.  

Since Soccio isn't an addict and wasn't charged with possession of a controlled substance, Pietruszka indicated he viewed him as a drug dealer, hence the three-year prison term.

Rarick sought a probationary sentence.

Pietruszka noted that Soccio, sentenced on a felony conviction more than a decade ago, violated probation terms following his release from prison then, which was another factor, he indicated, in his decision.

Tearfully, turning toward the gallery, Soccio apologized to his friends, family members and Pastor Macdonald, for his mistake and for letting them down.

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