Judge Orders Sex Offender’s Sentence Delayed As Appeal Moves Forward
Published: July 12th, 2010
By: Tyler Murphy

NORWICH – A man pleaded guilty to child pornography charges Wednesday and had his sentence stayed by Chenango County Court Judge W. Howard Sullivan in a case that is expected to set a new statewide legal precedent regarding search warrants.

John M. Gavazzi, 47, of Greene, pleaded guilty to promoting child pornography, a Class D felony, and possession of child pornography, a Class E felony, without any plea arrangement made with prosecutors.

Public Defender Alan Gordon said his client pleaded guilty to all the charges against him without a plea bargain so he could maintain his right to appeal the case. Gordon said plea deals in other cases often required defendants to surrender their rights to appeal in exchange for a lighter sentence.

Gordon said the court had agreed to sentence his client to 90 days in the Chenango County Correctional Facility, 10 years probation and place Gavazzi on the sex offender registry.

Sullivan granted a request made by Gordon for a 120-day stay in Gavazzi’s sentence saying the public defender’s office was appealing the controversial case.

Gavazzi said he was surprised but pleased the judge granted his stay following court. He said he had expected to be remanded to jail.

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District Attorney Joseph McBride objected to the stay and asked for Gavazzi to start his sentence immediately.

Gavazzi was arrested June 25 following an investigation by the New York State Police into child pornography Internet trafficking.

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