Superior Court denies Delvalle's latest appeal
SUNBURY - The latest appeal by a convicted cocaine dealer in the Shamokin area serving 15 1/4 to 35 years in state prison has been denied by the state Superior Court.
An application filed June 4 by Cornell B. Delvalle, 48, of Coal Township, requesting re-argument of the Superior Court's decision May 23 to affirm his conviction was denied July 22.
The application was filed by Delvalle's attorney, Michael Rudinski.
Northumberland County Assistant District Attorney Michael Toomey, who successfully prosecuted several drug cases against Delvalle, said the re-argument of the case by Rudinski claimed the defendant was denied his due process rights at trial because then President Judge Robert B. Sacavage didn't allow witnesses to testify on his behalf involving video of a drug transaction that led to charges that were withdrawn by the commonwealth.
Delvalle, who is seeking a new trial, can still appeal his conviction to the state Supreme Court.
On March 26, 2012, Sacavage imposed the stiff prison sentence on Delvalle that also required him to pay approximately $1,000 in fines plus an assortment of costs.
Delvalle was found guilty Jan. 20, 2012, by a jury of 12 women of five counts each of possession with intent to deliver crack cocaine and delivery of crack cocaine, four counts of criminal use of a communications facility, and two counts of criminal conspiracy for allegedly delivering crack cocaine to informant Robert Santore, of Ranshaw on Nov. 4, 2007, Nov. 24, 2007, Dec. 3, 2007 and Dec. 6, 2007 in the parking lot at McDonald's along Route 61, and Jan. 22, 2008, in the parking lot at Mount Royal Mini-Mart in Ranshaw.
The defendant was found not guilty of one count of criminal use of a communication facility relating to the incident on Jan. 22, 2008.
His wife, Diane (Reichwein) Delvalle, 38, was found guilty of two counts of possession with intent to manufacture or deliver a controlled substance and criminal conspiracy relating to the incidents on Nov. 4, 2007, and Dec. 6, 2007.
She was sentenced by Sacavage Aug. 13, 2012, to serve 27 months to 8 years in a state correctional institution on two counts each of possession with intent to manufacture or deliver crack cocaine and criminal conspiracy relating to incidents that occurred in the parking lot at McDonald's along Route 61 in Coal Township on Nov. 4, 2007, and Dec. 6, 2007.
She was sentenced to 1 to 4 years for the Nov. 4, 2007, incident, and received a consecutive, mandatory sentence of 2 to 4 years for the Dec. 6, 2007, offense because it was committed within 250 feet of a playground on Maple Avenue near Tioga Street in the Springfield area of Coal Township.
Nine months were knocked off Delvalle's sentence because she had no prior criminal record, which means her minimum sentence was reduced from 3 years to 2 1/4 years.
Diane Delvalle completed her jail sentence and remains free.
On Aug. 1, 2013, Santore, who is now 52, was sentenced by Sacavage to four years of intermediate punishment, including 11 months under house arrest. He will spend the remainder of the time on probation.
Before handing down the sentence, Sacavage addressed Santore's unusual "high reputation for a confidential informant" that helped solve 30 cases. Santore's cooperation with police and the district attorney's office convinced the judge not to impose any jail time.