Here's a look at some of the cases that came before the Village Court during its September 1, 2010 session.

Assistant DA Concerned About EF Student Posting Bail

Marcos Fernandez-Fontans, 18, was arrested by the Greenburgh Drug and Alcohol Task Force last month on suspicion of selling cocaine, ecstasy and marijuana and providing alcohol to fellow underage peers at EF.

Fernandez-Fontans is charged with three counts of Criminal Sale of a Controlled Substance in the Third Degree on a school ground, two counts of Criminal Sale of a Controlled Substance in the Fifth Degree and one count of Criminal Sale of Marijuana in the Fifth Degree.

On Wednesday, it was revealed that Fernandez-Fontans had been put into protective custody at Westchester County Jail. His lawyer said "there were some issues at the facility" that warranted Fernandez-Fontans being put under protection, but he did not elaborate on the circumstances.

The EF student, a native of Spain, was incarcerated with bail set at $5,000 cash or $10,000 bond. The teen's uncle was in attendance during the court session, and Fernandez-Fontans' lawyer said the man would likely be posting bail for his nephew.

However, Assistant District Attorney Robert Docherty said that he would prefer that Fernandez-Fontans be remanded without bail. Docherty said that the U.S. Immigrations and Customs Enforcement (ICE) agency had put a hold on the teen.

"If bail is posted it essentially means immigration will take over," he said. "He could end up in an immigration facility in Colorado or Kentucky."

Docherty also said it could be possible that ICE would deport Fernandez-Fontans. Village Court currently holding the teen's passport, but ICE could deport the youth without a passport.

"Then we won't get him back here at all," Docherty said.

Village Justice Kyle McGovern said he would continue to keep bail at the same amount. The Westchester Department of Corrections does not list Fernandez-Fontans as a current inmate, which means that he could have posted bail already.

The case was adjourned for a week.

Burnette 'Doing Well'

Desmond Burnette has three cases pending in Tarrytown and two in Sleepy Hollow for second-degree robbery and third-degree assault. In Tarrytown he has been charged with Harassment in the 2nd Degree, Disorderly Conduct and Assault in the 3rd Degree.

Burnette did away with one of the charges on Wednesday, he pled guilty to Harassment in the 2nd Degree. He was ordered to pay $150 in fines and $125 in surcharges and was given a one-year conditional discharge. McGovern also gave a two-year permanent order of protection to the person that was allegedly harassed.

The Assistant District Attorney and Burnette's lawyer indicated that the Tarrytown resident would be offered a reduced charge of Attempted Assault in the 3rd Degree at Burnette's next court appearance. However his additional two charges will carry fines and surcharges amounting to more than $700. His lawyer indicated that Burnette would plead guilty to those charges at a later date, once he has the money in order.

"He's got some work to do in terms of raising that money," McGovern said.

McGovern noted that Burnette was attending TASC programs that were ordered by the court and that he was taking positive steps toward wrapping up the rest of his charges. 

Mansa Pleads Guilty to Possessing a Forged Instrument

Editor's note: Samantha Bertolozzi was later exhonorated and found not guilty of this offense, while Mansa was sentenced to a period of incarceration.

Eric Mansa of Tarrytown was again in court charges he attempted to obtain Oxycodone with a forged prescription note. Mansa was arrested at the North Broadway CVS on March 15, 2010 and was charged with Criminal Possession of a Forged Instrument in the 2nd Degree and Conspiracy in the 5th Degree.

On Wednesday, Mansa pled guilty to a reduced charge of Criminal Possession of a Forged Instrument in the 3rd Degree. He was sentenced to three years probation and had to pay a $205 surcharge. He also pled guilty to Disorderly Conduct and was fined $175 and given another $125 surcharge.

A co-defendant in the case, Samantha Bertolozzi of Millbrook, will have her charges altered as a result of Mansa's plea. She will appear in court at a later date. 

Lewd Man to get Evaluation

On Wednesday, New York resident Jeffrey Roberts was in court on charges of Public Lewdness.

Roberts was arrested on August 12 after he exposed himself and stroked his genitalia in full view of a co-ed softball game being played at Losee Field. Numerous individuals at the scene gave statements about the incident, those statements were in the possession of Assistant District Attorney Docherty during the court session. 

Although the 24 year old has no prior criminal record, Docherty requested that he be evaluated through the Treatment Alternatives for Safe Communities (TASC) program.

Roberts' defense attorney protested the request, saying he had never heard of an evaluation being required for a lewdness offense. However McGovern decided to grant Docherty's request for a TASC referral.

"Based on the alleged conduct, I'm going to assign TASC," he said. "It can't hurt."

Tarrytown Criminal Court is in session every Wednesday beginning at 9:00 a.m.