anastasio pleads guilty

FORT EDWARD, N.Y. -- Former Phish lead singer Trey Anastasio pleaded guilty this morning to fifth degree attempted criminal possession of a controlled substance in Washington County Court.

Anastasio, 42, a part-time Richmond resident, was ordered by Judge Kelly McKeighan into drug treatment court and his sentencing was postponed until he completes or fails the program.

"If he fails, he would be sentenced to 1 to 3 years in state prison. If he succeeds, he would be sentenced to 5 years probation," McKeighan said.

The guilty plea comes four months after a Whitehall, N.Y., police officer pulled over Anastasio's 2004 Audi for failing to keep right as he drove north on U.S. 4 at about 3:30 a.m. on Dec. 15, according to court papers. He failed a sobriety test and was taken into custody. He subsequently pleaded not guilty to a seven-count indictment that included three felonies and carried a possible prison sentence of up to 14 years.

With the plea agreement, Anastasio also agreed to wave his right to appeal. Because this is a felony conviction, should he be convicted of any other felony in next 10 years, that would require a mandatory prison sentence.

Anastasio refused to comment to media assembled outside the courthouse, saying only "Sorry," as climbed into a black limousine van as he departed.

Anastasio will relocate from New York City, where he lives with his wife and two children, to Washington County for at least the first three months of the drug treatment program, his attorney, Steve Coffey, said. He faces random drug testing on any day.