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Judge: Doctor's appointment no excuse to postpone sentencing of heroin dealer

Judge Sheila A. DiTullio decided that the heroin dealing case against Eric Mitchell had taken long enough.

Despite a defense attorney's request that Mitchell’s sentencing for two felony drug convictions be adjourned for two weeks, the judge sentenced Mitchell to six years in prison, to be followed by five years post-release supervision, on Tuesday.

Mitchell, currently 25, was arrested in July 2016 after Buffalo and Lackawanna narcotics officers executed a search warrant on his Central Park home and found half an ounce of heroin, fentanyl, digital scales with drug residue on them and $2,207 in cash. He pleaded guilty in Erie County Court in May to two counts of criminal possession of a controlled substance in the third degree.

Defense attorney Michael D’Amico told the judge that Mitchell, who has remained free on a $75,000 bond, had an appointment later this week with a lung specialist for a breathing problem, and asked for another brief adjournment before he was sent to prison.

The judge noted that the case had been adjourned before. She also noted Mitchell’s prior convictions for drug and weapons possession and pronounced the sentence, which included the forfeiture of the $2,207. She also said she would mention that Mitchell's medical issues may need attention while he is incarcerated.

Assistant District Attorney James W. Mansour II prosecuted the case.

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