CONVICTION AND SENTENCE IN ATTEMPTED SEXUAL ABUSE CASE

DELHI - Delaware County Acting District Attorney Shawn J. Smith announced that Nicholas A. Durbin, 32, formerly of Deposit, New York appeared for a conference in Delaware County Court on March 26, 2024, and pleaded guilty to Attempted Sexual Abuse in the First Degree, a Class E Felony. 

The defendant was accused of having inappropriately touched a 4-year-old child in the Town of Deposit between February 1, 2022, and April 25, 2022.  The defendant was in a relationship with the child’s mother. 

On March 26, 2024, the defendant appeared in Delaware County Court for a court conference. After the conference, the defendant pleaded guilty to Attempted Sexual Abuse in the First Degree, a Class E felony.  The Honorable John L. Hubbard sentenced the defendant to one- and one-half years in state prison, to be followed by three years of post-release supervision.  The defendant was also ordered to register as a sex offender upon his release from state prison.  Although the sex offender level will not be determined until after the defendant completes his state prison sentence, it is anticipated that the defendant will be required to register as a sex offender for the remainder of his life.  

District Attorney Shawn Smith commended New York State Police Investigator Mark Head for his thorough investigation of this case.  “These types of crimes are often very difficult to prove because they are done in secrecy, and defendants prey upon young children hoping that they are too young to testify against them in court.  I am grateful to the State Police for their detailed investigation which enabled us to secure a conviction without needing to make the child testify at a trial.”  

Smith also thanked the staff at Safe Against Violence for the dedicated support they provided to the young child. Safe Against Violence offers comprehensive services for victims of domestic violence, sexual assault, and other crimes.  If anyone is the victim of a crime and desires assistance, please call 607-746-6278. 

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.