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PLEA AND SENTENCE IN DRUG POSSESSION CASE

Written By The Mountain Eagle on 4/12/24 | 4/12/24

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DELHI - Delaware County District Attorney Shawn J. Smith announced that Eva M. Witteman, 60 of Binghamton, New York, pleaded guilty to Criminal Possession of a Controlled Substance in the Fifth Degree and was sentenced to 5 years of felony probation supervision by the Honorable John L. Hubbard. 

On February 21, 2023, Delaware County Sheriff’s Deputy Lucas Elmore conducted a welfare check of a vehicle which appeared to be broke down on State Highway 17 in Hancock. Deputy Elmore discovered that the operator of the vehicle had a suspended license, and he began to make an arrest for Aggravated Unlicensed Operation of a Vehicle in the Third Degree. After further investigation, Deputy Elmore discovered that Witteman was in possession of 12 grams of methamphetamine. 

Witteman appeared in Delaware County Court on April 8, 2024, and pleaded guilty to Criminal Possession of a Controlled Substance in the Fifth Degree, a Class D Felony.  Due to the defendant’s lack of a criminal history, Judge Hubbard sentenced the defendant to 5 years of felony probation supervision.  It is expected that the probation supervision will be transferred to Broome County where the defendant resides.  If the defendant violates probation, she could be re-sentenced to 2.5 years in state prison.  

First Assistant District Attorney Schuyler Kinneman prosecuted the case.   

District Attorney Shawn Smith commended Delaware County Sheriff’s Deputy Lucas Elmore for his thorough investigation in this case.  “This case started as a simple traffic violation, but thanks to Deputy Elmore’s professional investigation, he was able to locate the dangerous drugs and make an arrest.  I hope that this defendant takes advantage of the probation sentence she was given and uses it as an opportunity to rehabilitate herself.” 


Shawn J. Smith

District Attorney

Delaware County


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