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Charges dismissed against Canton and Bombay women charged with drug sales

Posted 12/21/11

CANTON – Charges have been dismissed against women from Canton and Bombay who were arrested Dec. 15 and charged with selling the prescription drug oxycodone. County Assistant Public Defender Steven …

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Charges dismissed against Canton and Bombay women charged with drug sales

Posted

CANTON – Charges have been dismissed against women from Canton and Bombay who were arrested Dec. 15 and charged with selling the prescription drug oxycodone.

County Assistant Public Defender Steven Ballan said that when Frances V. Summer, 25, 179 Pink Schoolhouse Rd, Canton, and Marcia E. Fuller, 25, 1945 County Rt. 45, Bombay, appeared in Canton Town Court for a preliminary hearing Tuesday, prosecutors “did not put on any evidence” against the women in support of the charges.

Town Justice Christopher J. Curley dismissed the charges against the two women.

Ballan explained that “A preliminary hearing is solely to determine if there is reasonable cause to believe that the defendant committed a felony and requires that that the People put on evidence. In the dismissed felonies, the People appeared, but no evidence was presented to support the charges.”

Ballan said that does not mean there was no evidence, just that it was not presented.

The dismissal was “without prejudice,” and Ballan said the charges could be reinstated: “The People are free to present the case to a grand jury if they are so inclined.”

Ballan represented Fuller at the hearing.

The St. Lawrence County Drug Task Force had arrested the two women and charged them with Class B felonies, third-degree criminal sale of a controlled substance, and were arraigned in Canton Town Court before being sent to the St. Lawrence County jail last week in lieu of $2,000 cash bail or $4,000 bail bond each.

Police said the charges stemmed from a six-month investigation where authorities say Summer sold the drug oxycodone to a police informant in August, and Fuller sold some to an informant in October.

Task Force members said the investigation continues, and further charges are expected.