Amherst doctor charged after theft of COVID-19 vaccine dose in February

Niagara Gazette, Niagara Falls, N.Y.
·2 min read

May 21—An Amherst doctor has been charged with petit larceny following the Feb 10 theft of a dose of COVID-19 vaccine from an Erie County distribution site.

Dr. Roy R. DeFrancis, 74, of Amherst, was arraigned Friday before Hamburg Town Court Justice Carl W. Morgan on one count of petit larceny, according to Erie County District Attorney John J. Flynn.

The Erie County DA's Office said on Feb. 10, DeFrancis was volunteering at a COVID-19 vaccine distribution site at Erie Community College South Campus in the Town of Hamburg. He's accused of taking one single dose of the vaccine from the site without authorization.

DeFrancis allegedly provided the dose to his wife who qualified to receive the vaccine under New York state guidelines at the time due to her age.

At this morning's proceeding, Flynn said his office consented to an adjournment in contemplation of dismissal, which was granted by Justice Morgan. No return court date will be scheduled.

"This incident occurred during a period of time when there was a limited number of vaccines available to adults with certain qualifications. While it was improper, our investigation found that this doctor's intention was to bring home a dose of the vaccine to his wife, which potentially may have gone unused before the end of the day," Flynn said. "Under New York state guidelines at the time of the alleged incident, his wife did qualify to receive a vaccine, but he should have gone through the proper procedure to make an appointment. Today, there is an abundance of COVID-19 vaccines available and I consented to the dismissal of this case in the interest of justice."

If convicted of the charge, DeFrancis would have faced a maximum sentence of one year in jail.

The case was investigated and prosecuted by Chief Candace K. Vogel of the Special Investigations and Prosecutions (SIP) Unit.

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