A Walnut Street, Batavia, man who pled guilty to criminal possession of controlled substance, 4th, and criminal sale of a controlled substance, 4th, was sentenced today to five years in state prison.
Cody A. Bush, about 29, is a second felony offender. He admits that he sold a quantity of suboxone, a controlled substance, in and around the City of Batavia and the Town of Elba to an agent of the Local Drug Enforcement Task Force. He was already in jail on related charges with he was arrested in November on the Class C felonies.
His attorney, Thomas Burns, asked Acting Genesee County Court Judge Pietruszka to sentence him to two to two-and-a-half years in prison, with credit for time served, and the ability to avail himself to substance abuse treatment and other beneficial programs while incarcerated.
"He does suffer from a drug problem and an addiction," Burns said. "There is awareness that it is his responsbility...He admits he had no right to convey and sell the drug to another person."
Burns said his client struggles with "an inability to take himself away from controlled substances," and yet he is also responsible for parenting four children.
"I let drug addiction ruin most of my adult life," Bush told the judge when given a chance to speak before being sentenced. "For that I am ashamed and sorry."
In addition to a determinate prison sentence of five years and three years post-release supervision, Pietruszka sentenced him to 12 months in county jail, to run concurrently with the prison sentence, for criminal possession of a weapon, 4th.
