Nick Joseph: 3+ to 7 Years in Prison

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Updated: 8/19/2009 3:51 pm
(Rochester, N.Y.) -- Former Greece Police Officer Nick Joseph has been sentenced to 3+ to 7 years in prison. He could have received up to 26 years.

Joseph was found guilty on seven charges in March, including leaving the scene of an accident, driving while impaired by cocaine, and possession of cocaine.

All were related to a hit-and-run accident on Route I-390 that caused Alexis Sharp to deliver her baby 14 weeks early. Sharp's baby, Azaria Green, spent 93 days in the hospital after an emergency c-section delivery the night of the accident.

At Joseph's sentencing Tuesday afternoon, Judge Affronti said the evidence against Joseph was "overwhelming and staggering." 

"Any law abiding citizen would have remained at the scene.  You (Joseph) consciously fled in the dead of night, knowing exactly what you were doing. You were speeding, drank alcohol and ingested cocaine.  Your flight constitutes the most egregious transgression that evening.  That flight in my opinion was the epitome of selfishness. You only cared about yourself," the judge said. "You obviously did not commit just one solitary error in judgment." Affronti says Joseph's acts were "extreme and calculating." 

The judge said he "did not accept or believe your [Joseph's] amnesia defense...those defenses were preposterous, and you never considered the welfare of those you left behind."

Sharp; her boyfriend, Taron Green; and their baby were in court Tuesday. The couple is angry at Joseph.
 
"Walking away knowing he left injured people...is a disgrace and he is a coward," she said.

Azaria weighed less than two pounds and spent three months on a ventilator. She is doing well despite some challenges.

Sharp asked the judge to give him "nothing short of the maximum."

The baby's grandmother, Robin Sharp, said, "His time will never suffice the time that she's got because her time is lifetime. His time would have been something to at least give us some kind of completeness."

Green also addressed the court, saying, "The pain he has caused my family, we cannot describe. Not knowing if [Azaria Green] would live or die."

Joseph's Attorney Lawrence Andolina said they have received tons of letters supporting his client.

"Joseph has been punished. He lost
his job, his health care, and can no longer support his family," Andolina said. "The measure of a man isn't one incident, it's what one has done over the course of his life."

Joseph told the court his remorse is "overwhelming."

"I'm 44 years old. I never hurt anyone in my life. It's devastating...I have deep remorse. Every day I pray for the Sharp family," he said.

He was taken away in handcuffs. 

Outside the court, Al Joseph, Joseph’s father said, "Good judges make bad decisions, and that is what happened here. He is a good judge, he made bad decisions. That's my opinion. And that's the reason we have an appeals court."

The Greece police actions in this case and others are under scrutiny by a grand jury.



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The views expressed here do not necessarily represent those of 13WHAM-TV || Rochester

Dave R - 5/30/2009 3:16 AM
0 Votes
There are some honest greece cops (like Gabe Dipaola,Joe Capeta)that have to also suffer because of the few bad cops .but then again they started there career with greece and grew up in greece.so good bless them for what they do! Dave R

Dave R - 5/30/2009 3:11 AM
0 Votes
there are a few realy honest and good greece cops (Gabe Dipaola,joe capeta,) they are some of the ones that will suffer because of the few bad apples

SeekingBalance - 5/14/2009 11:58 AM
0 Votes
To those with any nonsense comments about the victims, costs for caring for this baby who was born with underdeveloped lungs and brain hemrages have more than quadrupaled and its a merical that she survived. If there ever was a good reason for a law suit, this would be it. And as for her being out at night, SOME of us work for a living after lights out.

teddymines - 5/14/2009 11:06 AM
1 Vote
I'm interested in exactly what "remorse" Nick Joseph feels. Remorse for doing drugs? Remorse for drinking a lot? Remorse for then getting behind the wheel after all that? Remorse for getting into an accident? Remorse for injuring a pregnant woman and her child? Remorse for getting caught? I have to wonder if he, or anyone who endangers others due to their *voluntary* choices, feels ANY kind of remorse prior to those choices resulting in something this tragic.

Fedupwiththis - 5/14/2009 9:22 AM
2 Votes
Why doesn't Green and family thank God for that their baby is doing well, instead they are now focused on their civil suit so Alexa Sharp does not have to go shoplifing any more! They are the criminals now for using this baby as thier pawn in order to cash in on an insurance claim that they were partly responsible for! If they really cared about their baby, they would not have been out of gas, drunk and stranded in the middle of the lane.

irishnblueeyes - 5/13/2009 5:19 PM
1 Vote
I've come to realize that Greece in general thinks it is above the law of the world. Look at the police department, the town office and the school district. Maybe if they follow the law they will stay out of the headlines.

clone - 5/13/2009 3:46 PM
0 Votes
Unfortunately, he will be out in less than 3 years.. I love aubergers statement, " no one, including police officers are above the law". Notice he did not say anything about town supervisors not being above the law, because john auberger thinks he is above the law...And good job on the lonesberry show today al joseph, you destroyed any sympathy anyone may have had for the rest of your family. Now it is clear, joseph=dishonest.

gorwell - 5/13/2009 2:13 PM
0 Votes
All PDs are corrupt. Drive out in Irondequoit as a black or PR and youre guaranteed to get pulled over. Theyll give you some lame excuse your tail light is out or your car fits a description? Look around everybody, your on camera. Your car, yes YOUR CAR has a black box in it. Everything you do is recorded. Do I hear Police state? I bet all the boys in the big house are drawing straws on whos gonna turn "Little Nicky" over

teddymines - 5/13/2009 2:09 PM
1 Vote
I listened to Al Joseph on Lonsberry today. One interesting fact is that the sloppy police work (whether intentional or otherwise) could have actually undermined Nick's defense. I'm not implying that he was innocent, but the court was denied certain elements of the crime scene, and had to make a decision based on what was legally admissible. It's one thing to support your son, but should he really be this vocal about this "travesty of justice" knowing what Nick actually did?

gorwell - 5/13/2009 2:06 PM
0 Votes
Hey its not just Greece. Drive in Irondequoit and be black or PR and theyll pull you over for something. We are now living in a police state. Cameras on every corner, black boxes in "YOUR OWN CAR" everything you do is recorded. The system sucks!
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