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Defendant apologizes for disappointing judge before being sentenced to jail

By Howard B. Owens
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Andre Roberts

When Andre Lamar Roberts stepped into court on Tuesday, he would later reveal, he already knew he had messed up.

County Court Judge Melissa Cianfrini had told the 29-year-old Rochester resident at a previous court appearance that she saw potential in him.

At that appearance, Roberts entered guilty pleas to charges of resisting arrest and bail jumping in the third degree in satisfaction of multiple other charges against him. Pending sentencing, Cianfrini allowed him to enter a substance abuse program at GCASA.

He was there a week, according to the Probation Department, before he left in violation of the rules and went to a location where he could consume some edibles, drink some booze, and perhaps partake in cocaine (though he disputes that accusation). 

"I let myself down," Roberts said. "I disappointed myself by leaving.  I owe you a huge apology. You gave me a chance to get clean and change my life and I let you down."

He said the decision was a lapse in judgment.

"There is no excuse," he said. "I feel like I'm smarter than that, wiser than that, more mature than that."

He also said he regretted that his lapse of judgment meant that he was in jail when news reached him that his mother had died.

Roberts thanked his attorney, Fred Rarick, for his support and encouragement once Roberts realized he lost his chance to stay out of jail on his latest conviction.

District Attorney Kevin Finnell had earlier told Cianfrini that Roberts should be sent to jail, and Roberts couldn't disagree. Quoting from a devotional, the Daily Bread, and a psalm, Roberts said he put his faith in God that he could handle the judge's decision.

Finnell noted that Roberts had failed to appear for court appearances six times and that he had two probation revocations on his record, and one parole revocation.

"He continues to shun the court and the community and he could be part of it," Finnell said. " He is not a candidate to be released into the community."

Cianfrini told Roberts, "You don't need to apologize to me. You need to apologize to yourself and you need to apologize to your mother."

She noted that the young man's mother made every court appearance to support her son, and she believed in him and wanted the best for him.  

Cianfrini said she tried to show him the right path but "you need to decide who you're going to be in our society."

The judge told Roberts that he did need to be kept apart from the community for a while so he could have time to clear his head, think more clearly, and decide upon his priorities. 

"There are always going to be bumps in life, and it's how you deal with them that determines who you will be," she said. "It's up to you to decide what kind of person you want to be when you get out (of jail)."

She gave him nine months in jail on the resisting arrest conviction and eight months on bail jumping, to run consecutively.

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