LOCKPORT – Wilbert J. Henderson, whose 38-year criminal career has given him expertise in incarceration, was in effect allowed to choose his sentence Friday by Niagara County Judge Sara Sheldon Farkas.
Henderson, a Niagara Falls man who turns 55 Sunday, was at first sentenced to a year in the County Jail for violating probation on a 2010 conviction for fifth-degree criminal sale of a controlled substance.
“I’d rather go up north. I don’t want to be in County Jail,” Henderson said. Farkas obliged him, changing the sentence to the shortest state term she was allowed to impose: 18 months, plus two years of post-release supervision.
A few minutes later, defense attorney Robert Viola asked for the case to be recalled. He said Henderson hadn’t realized he would get a longer sentence and still be under parole supervision after serving it. Farkas then went back to the one-year county sentence.