A Buffalo man was sentenced to state prison for a drug-related offense during Warren County court proceedings Friday.
Judge Gregory Hammond sentenced David J. Tyes, 28, Buffalo, to 36 months to 72 months in a state correctional institution with credit for time served for possession with intent to deliver.
Tyes was also ordered to pay $15,700 in fines and fees, undergo a DNA test and a one-year drivers license suspension.
Defense Attorney Henry Borger said his client should have credit for the time he served after he was originally arrested on the charges in 2009. Hammond said he would have the probation department look into the time Tyes had served.
Borger also asserted his client entered a guilty plea with a different understanding of the mandatory sentence. The presentence investigation did not take into consideration the minimum sentence for the amount of drugs the defendant possessed, Hammond said, and that was explained to him.
Deputy Attorney General Douglas James Wright prosecuted the case and said the negotiated plea was for 36 months. Therefore, he said that's what the sentence should be.
"He's determined to live outside the law," Wright said in regards to the defendant.
According to Hammond, Tyes had repeated misconducts while incarcerated in the Warren County Jail.