Nayel Ashkar, court April 2013

Nayel Ashkar in April, during his trial in Onondaga County Court April 2013

(Mike Greenlar | Syracuse.com)

Syracuse, NY -- A son of the owners of a Syracuse convenience store was sent to prison today for 8 1/3 to 25 years for possessing a $5 million New York Lottery ticket stolen seven years ago.

Onondaga County Judge Joseph Fahey imposed the maximum sentence on Andy Ashkar on a conviction of criminal possession of stolen property.

"Mr. Ashkar, let me tell you something," Fahey said. "You exhibited some of the most rapacious greed I've seen in a long, long time."

The man who claims to be the rightful owner of the ticket, Robert Miles, spoke in court before the sentencing.

"I truly in my heart forgive him for what he did," Miles said. He appeared with his lawyer, Steve Cambareri, who said Miles wouldn't comment further until after state lottery officials finish their investigation to determine whether the ticket is Miles'.

Miles, a maintenance worker at an apartment complex near the store, came to court wearing a light purple dress shirt, pleated dress pants and dress shoes, and sporting two large, sparkly silver earrings.

Robert Miles (left) who had claimed Andy Ashkar stole his winning lottery ticket arrives with his lawyer Steve Cambareri outside Judge Fahey's courtroom for the Ashkar sentencing today.

Miles has said he took the ticket in October 2006 to Green Ale Market on East Fayette Street, which Ashkar's parents own. He said he was high on drugs the night before he tried to claim the ticket. Ashkar told him the ticket was only worth $5,000, gave him $4,000 in cash that day and took the rest as the store's cut, Miles said.

Miles filed for bankruptcy two years after he says the lottery ticket was stolen.

Ashkar and his brother, Nayel Ashkar, waited until last year to try to claim the prize.

Fahey acquitted Nayel Ashkar of a conspiracy charge. The Ashkars' father, Nayef Ashkar, still faces a conspiracy charge.

Andy Ashkar had six years to fix what he'd done, Fahey told him today.

"I sat here and I listened to you talk about the fact that you had a $150,000-a-year income from an auto dealership," the judge told Ashkar. Fahey recalled Ashkar testifying that the huge winnings wouldn't have made much of a difference in his life.

"You know something?" Fahey asked. "It would've made a big difference in Robert Miles' life. You took advantage of somebody who was weak, somebody who was vulnerable, somebody who was confused. Your conduct as far as I'm concerned was nothing short of predatory."

Ashkar, 35, declined to speak when he had the chance. He was in handcuffs, wearing a jail-issued jumpsuit in the courtroom. Ashkar faced a minimum prison sentence of 1-to-3 years in prison.

His lawyer, Robert Durr, filed a notice with the court after the sentencing saying he plans to appeal. Durr said he was surprised by Fahey's sentence.

"The guy's got no prior criminal history," Durr said of Ashkar. "It's a bit harsh."

The state suspended Green Ale Market's license to sell lottery tickets in November as a result of the criminal charges.

Assistant District Attorney Beth Van Doren asked for a sentence of 5 to 15 years in prison. She said it was only the second time in her career as a prosecutor that a judge imposed a sentence greater than the one she requested. Both times, it was Fahey, she said.

"Robert Miles could've been living a life of comfort," she told Fahey in court. "Instead, he was living a life of bare essentials. This is a case of greed, pure and simple. Andy Ashkar was consumed with greed."

Miles said he no longer uses illegal drugs. In a way, it might be better that he didn't get his winnings in 2006, Van Doren said outside court.

"He's in a better position to get that money and use it to do good with his life," she said.

Van Doren has spoken with lottery officials, who say they're in the final stages of determining whether Miles should get the $5 million.

"I have every confidence they're going to be making a decision in Robert Miles' favor soon," she said.

Fahey convicted Ashkar in May after Van Doren presented evidence that Ashkar had stolen the winning scratch-off ticket from Miles of Syracuse, in 2006.

Outside the courtroom, Cambareri stood beside Miles and told reporters he was thankful that the Onondaga County District Attorney's Office listened to Miles and believed him.

"I hope the next time we see all of you, Rob will be standing in front of a big cardboard check from the New York state lottery," Cambareri said..

Contact John O'Brien at jobrien@syracuse.com or 315-40-2187.