Erie County District Attorney Frank A. Sedita, III announced that 32 year old Chandra Zittell was arraigned yesterday on a Violation of Probation Petition before Supreme Court Justice John O’Donnell.
On May 9, 2011, Zittell pleaded guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Fifth Degree in connection with the illegal possession and illegal sale of controlled substances, including prescription lortab and oxycodone pills, from her south towns residence. Zittell tested positive for opiate use between the time of her guilty plea and the time of her sentencing. On August 19, 2011, Justice O’Donnell sentenced Zittell to six months of incarceration and five years of probation. Zittell was also forbidden from using controlled substances, regardless of whether they were prescribed, as a condition of her probation.
On January 31, 2012, while reporting to the probation department and accompanied by her infant daughter, Zittell was allegedly in possession of lortab pills. Zittell was charged with and arrested for Criminal Possession of a Controlled Substance in the Seventh Degree and Endangering the Welfare of a Child (these charges are pending in Buffalo City Court). Accordingly, a Violation of Probation Petition was filed before Justice O’Donnell. As alleged in the Violation of Probation Summary filed with the court, Zittell also tested positive for opiate use on January 31, 2012.
Zittell was released upon her own recognizance and is returnable before Justice O’Donnell on March 20, 2012 at 9:30 AM. Zittell faces additional imprisonment if found to be in violation of her probation.