DEER PARK MAN SENTENCED TO 11 YEARS IN PRISON FOR DEALING DRUGS RESULTING IN A FATAL OVERDOSE

(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney announced that defendant Vito Frabizio, a drug dealer linked to the fatal overdose of a West Babylon man in March 2022, was sentenced today to 11 years in prison after he pleaded guilty in September to three counts of Criminal Sale of a Controlled Substance in the Third Degree.

“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,” said District Attorney Tierney. “It is unfortunate that this defendant was able to continue selling dangerous drugs following his release from a drug arrest. Not only did this defendant sell a fatal dose of drugs to a client who was desperately attempting to escape his own addiction, but this defendant continued to engage in his drug trade even after causing that death, and after having been placed on supervised release by the arraigning court. While sentencing will take the defendant off the streets, it will not bring the victim back.”

Frabizio, 33, pleaded guilty on September 22, 2022 to three counts of Third Degree Criminal Sale of a Controlled Substance in the Third Degree, a class B felony and one 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 in court. When Fabrizio was finally arraigned, he was released on his own recognizance with the condition that he be placed upon supervised release, as the charges were not bail eligible under New York State law. At that time, authorities were awaiting toxicology results and thus Frabizio could not yet be charged with Criminal Sale of a Controlled Substance resulting in the death of another person. As such, prosecutors could not request bail since there was not yet any qualifying offense.

A little over one week later, on March 25, 2022 Frabizio was arrested again on new felony matters. Utilizing several newly issued telephones, and while on supervised release, this defendant, acting in concert with a co-defendant, contacted an undercover narcotics officer and again arranged to sell quantities of fentanyl and cocaine.

Frabizio pleaded guilty and was sentenced before the Honorable John B. Collins of the Suffolk County Supreme Court. He was represented by Anthony Rutkowski, Esq.

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

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