Northport Court Report: Smithtown Woman Sentenced for DWI

Tracey Ermolovich, 21, was sentenced to three years probation by Northport Village Justice Paul Senzer on March 28

Ermolovich, a Smithtown resident, pled guilty to one count of aggravated DWI (NYS Vehicle Traffic Law 1192 2-A), one count of a DWI with a blood alcohol content greater than .08 (VTL 1192 02), and one count of a first-offense DWI (VTL 1192 03).  

She was originally arrested on , after she crashed her 2001 Mercury Cougar at 4:01 a.m. at the intersection of Fort Salonga Road and Sandy Hollow Road. She submitted to a breathalyzer test at the scene which registered a blood alcohol content level of .20.

Ermolovich's lawyer, Robert Lazazzaro,  told Judge Senzer that his client was currently employed at a doctor's office in East Islip, and the Suffolk County Probation Office's pre-sentencing report noted that Ermolovich was enrolled in a rehabilitation facility.

However, the pre-sentence report also noted that Ermolovich failed a recent toxicology test. Judge Senzer said that normally he would require an additional sentence of 60 days in a correctional facility for someone with problems as clear as hers, but he spared her in this case because of the efforts of her lawyer.

Ermolovich's probation requires her to seek treatment for either narcotics or alcohol abuse, which she is already doing. It also forbids her from using those substances. Her license was revoked, and she must also install an ignition interlock device in her car. She was also required to spend time with a Suffolk County DWI Victim Impact Panel. Judge Senzer made clear to Ermolovich that he would re-sentence her if she violated her probation at any point over the three-year period.

Arraignments
Brian Alegrio: Northport resident Brian Algerio was arraigned on two counts of third-degree bail jumping (NYS Penal Law 215.55). The charges stem from Algerio's consistent avoidance of court appearances for two separate charges of aggravated unlicensed operation of a motor vehicle (VTL 0511 01A). Alegrio was in police custody prior to his court appearance.

Algerio appeared in Northport court for arraignment on the first aggravated unlicensed operation of a motor vehicle charge in September of 2007. After missing a court appearance later that month, he re-appeared in court with attorney Edward Yule on October 15 of that year. He did not appear in court after that, and a bench warrant was issued against him on December 10 of that year. He was later charged with the same crime on March 10 of 2008, but never appeared in court on that charge. His license was suspended at that time.

When asked to explain himself, Alegrio told the judge that he didn't appear in court because he didn't have enough money to pay any potential fines. He recently found employment as a carpenter with Long Island Skylight, but was out of work for nearly three years before that.

Bail for the two bail-jumping charges was set at $1,000 for each charge, while bail for the two previous charges was set at $250 for each charge. The bond was posted after his appearance, allowing Alegrio to leave police custody. Alegrio said he had a lawyer who would be able to represent him if needed, but the lawyer was unable to show for his arraignment. His counsel will appear with him at his next court appearance, which will be next week.

Howard J. Stabile: Howard J. Stabile was arraigned on charges of a DWI with a blood alcohol content greater than .08 (VTL 1192 02), a first-offense DWI (VTL 1192 03), and a stop sign violation. He was originally pulled over at 9:45 PM on March 26, and was arrested following his failure of a breathalyzer test, when he registered a .147 blood alcohol content level. His license was suspended, but his attorney. Scott Gilmore, told the judge that he would be requesting a hardship privilege at a hearing next week, when he will next appear in court.

Brent D. Thompson: Northport resident Brent D. Thompson was arraigned on one count of aggravated unlicensed operation of a motor vehicle in the third degree (VTL 0511 01A). He was also charged with a violation of miscellaneous rules (VTL 1225-C 02A) stemming from the fact that he was talking on his cell phone at the time of the incident. The incident occured at 8:35 a.m. on February 23, when Thompson was pulled over while driving along Steers Avenue.
Thompson admitted to the judge that he was not aware that his license was suspended when he was pulled over. A plea of not guilty was entered on Thompson's behalf, and he will re-appear in court next week with an attorney.

Other Cases
An attorney appeared on behalf of Barbara Tilton, who is currently being detained in a Suffolk County jail on two separate incidents. Tilton faces charges in Northport court stemming from a violation of her probation. A warrant was issued for her arrest by Judge Senzer on February 7 for violating that probation. Tilton will be arraigned in Northport court on those charges on April 11.

A trial for Dennis Dillon set for 9p.m. was adjourned until April 11 following an extensive chambers' conference between Suffolk County Assistant District Attorney Luigi Belcastro and defense attorney John Poli.

Two defendants were offered a reduction of unique violations to separate 1201-A parking tickets upon completion of a defensive driving course. Christine Laguna will have her 'failure to obey a traffic device' violation (VTL 1111 01) reduced, while a minor Commack High School student will have her 'right of way' violation (VTL 1141) reduced. Both reductions will turn a violation with points into a violation without points. The high school student also paid $70 to lift a suspension on her license. Both defendants will re-appear in court on May 2.

With preliminary jurisdiction over felonies and general trial jurisdiction over misdemeanors, traffic infractions and local ordinance violations, Village Court is in session every Monday at 7 p.m. except state holidays in . The Clerk’s Office is open 9 a.m. to 4 p.m. weekdays and can be reached by calling 757-0935.

Other helpful numbers:

• Suffolk County District Attorney (criminal, traffic & all state offenses): (631) 853-7500
• Northport Village Prosecuting Attorney - Karen Kerr, Esq. (local ordinance matters): (631) 271-7560
• Suffolk County Legal Aid Society: (631) 853-5212
• Suffolk County Bar Association Lawyer Referral Information Service: (631) 234-5511