The Monroe County man who admitted to using a Whizzinator during a probation drug test seeks a new sentencing hearing after claiming that the public defender who argued on his behalf did so with erroneous information and without consulting his client.



Northampton County Judge Michael Koury sentenced Raymond Hartley Jr., 28, of Effort, Pa., Dec. 17 to one to two years in prison followed by three months probation after Hartley confessed that he used a device commonly utilized for evading positive results in drug tests.



Hartley claimed in court that he was using the device to prevent disparaging comments about his the size of his penis -- not to deceive authorities during the random probation test. The Whizzinator resembles a penis and includes a small heater and urine.



A motion filed today in the Northampton County Courthouse claims that Hartley had an ineffective defense. The Monroe County man is being represented by private practice attorney Gary Asteak.



Hartley's defense attorney for the sentencing, public defender Anthony Rybak, told Koury that his client was emasculated by comments made about his genitalia during previous tests, but his urine was clean when he took the random test.



But according to today's motion, Rybak "concocted a fictitious, erroneous and imaginary story without ever having discussed this matter" with Hartley. The paperwork filed in court today does not specify what part of the defense was inaccurate.

Court filings say public defender Timothy Prendergast was Hartley's attorney of record, but Rybak was on duty in court the day of the hearing and was called on to represent Hartley.

The filing requests the sentence be thrown out and a new hearing be held.

Hartley pleaded guilty in September 2009 to burglary, a felony, and was sentenced to four to eight months in county prison followed by one year of probation that he was serving in Monroe County.

Phone calls to Asteak and Rybak were not immediately returned.