DEER PARK MAN ADMITTED HE DEALT DRUGS TO A WEST BABYLON CUSTOMER WHO OVERDOSED WHILE ATTENDING A NARCOTICS ANONYMOUS MEETING VIA ZOOM THIS MARCH

(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced the guilty plea of defendant Vito Fabrizio, a drug dealer linked to the fatal overdose of a West Babylon man in March 2022.

“This defendant exploited the addiction of the victim, who was trying to get clean, by selling him deadly fentanyl, which resulted in that victim’s death,” said District Attorney Tierney. “Under the Bail Reform laws passed in New York in 2019, we cannot seek bail for drug dealers, even for selling deadly substances such as fentanyl, until after a death occurs. Here, following the overdose death, Frabizio was arrested but had to be released because the charges were not bail eligible. We were only able to lock this defendant up due to the dogged work of the Suffolk County Police Department, who, working with our prosecutors, made an additional undercover drug purchases following the overdose death while the defendant was out on release from an earlier drug arrest.”

Fabrizio, 33, pleaded guilty to:

• 3 counts of Third Degree Criminal Sale of a Controlled Substance in the Third Degree (a class B felony);
• 1 count of Criminally Using Drug Paraphernalia in the Second Degree (a class A misdemeanor).

Based upon the investigation and the defendant’s own admissions during his guilty plea, on March 8, 2022, Suffolk County Police (“SCPD”) officers responded to the scene of a fatal overdose in West Babylon. The male decedent was discovered by his live-in girlfriend in his bed, while attending a virtual Narcotics Anonymous meeting via Zoom. At the scene, officers recovered two bags (later determined to contain fentanyl, and a heroin-fentanyl mixture), three hypodermic needles, and a cellular telephone belonging to the decedent. A review of that cellular telephone revealed that the previous day, on March 7, 2022, Frabizio had sold to the decedent, the two packages of narcotics recovered by SCPD officers on the day of his death.

On March 9, 2022, Frabizio communicated with an undercover SCPD officer, directing the undercover officer to go to the Sayville Motor Lodge located on Sunrise Highway in Sayville. Once there, Frabizio sold 1/8 of an ounce of fentanyl and more than 1/8 of an ounce of cocaine to the undercover. During that purchase, the undercover officer observed additional quantities of what appeared to be narcotics inside the room. Members of the Suffolk County Police Department maintained surveillance on the motel room while a search warrant was obtained for the motel room. Pursuant to that search warrant, Frabizio was arrested and police recovered over ½ an ounce of fentanyl, a quantity of cocaine, two digital scales and $3,839 in cash which included $520 in pre-recorded buy money from the undercover transaction.

Frabizio was not arraigned on these charges until March 16, as he was in the hospital and had not been produced. Upon arraignment, as the charges were not bail eligible under New York law, he was released on his own recognizance with the condition that he was placed on supervised release. At that time, authorities were awaiting toxicology results and thus Frabizio was not yet able to be charged with Criminal Sale of a Controlled Substance alleging the death of another and, as such, the people could not request bail since there were not yet any qualifying offenses.

A little over than a week later, on March 25, 2022 Frabizio was arrested again on new felony matters. Utilizing several newly issued telephones, this defendant, acting in concert a co-defendant, contacted an undercover narcotics officer and again arranged to sell quantities of fentanyl and cocaine. The undercover officer communicated with both Frabizio and his co-defendant via text messages to make the arrangements and this time, the detective was directed to a different location in West Babylon. Once at that location, Frabizio and the co-defendant, acting in concert with one another, allegedly sold over 1/8 of an ounce of fentanyl, as well as a quantity of cocaine to the undercover in exchange for $600. They were arrested mid-transaction and charged with a host of new felony narcotics offenses.

A search of the West Babylon apartment by the SCPD resulted in the seizure of 1/8 of an ounce of fentanyl, one plastic bag containing a quantity of cocaine, and 29 blue round tablets which also tested positive for fentanyl, a cellular telephone that was later discovered to be the same phone number used to communicate with the undercover officer, and a digital scale. An additional quantity of cocaine was found in Frabizio’s possession. Frabizio pleaded guilty before the Honorable John Collins, Supreme Court Justice. He is being represented by Anthony Rutkowski, Esq. He is due back in court for sentencing on November 18, 2022.

This case is being prosecuted by Assistant District Attorney Dana Gremaux of the Narcotics Bureau.

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Criminal complaints and indictments are merely accusatory instruments.

Defendants are presumed innocent until proven guilty. No one is above the law.

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