A Silver Creek man who was out on parole and was re-arrested will be headed to state prison.

District Attorney Jason Schmidt announced that 35-year-old David Payne was sentenced to a 10-year term in state prison by Judge David W. Foley for convictions on two incidents.

In July 2024, Payne pled guilty to second-degree assault, a Class D violent felony, for a domestic incident that occurred in June 2023 and also pleaded guilty to second-degree burglary, a Class C violent felony, for another domestic incident that occurred in July 2023.

Payne was sentenced in July 2024 to a 1 year term of interim probation and was to comply with the terms of his probation. He violated those terms by getting arrested in Erie County, New York in April.

Payne appeared before Judge Foley Tuesday and was resentenced on both convictions. He received a 10-year term in state prison for second-degree burglary and a 5 year state prison term for second-degree assault. These sentences will run concurrently to each other.

The District Attorney would like to thank the New York State Police, the Chautauqua County Sheriff’s Office, and the Chautauqua County Office of Probation for their work on this case.