A man charged with marijuana possession after Albany County Sheriff's deputies responded to a report of a domestic disturbance denied the charge Tuesday in Albany County District Court.

Todd Allen Cudlipp, 35, is charged with possession of marijuana as a third or subsequent offense. If convicted, he could face up to five years in prison and a $5,000 fine. Judge Jeffrey Donnell set trial for Dec. 7-8.

Cudlipp was arrested after deputies responded to an Albany County house after a report that a man was overheard yelling that he intended to beat up a woman when he got inside the house.

Court documents say deputies contacted a man at the house who said there was no domestic disturbance, but another man had confronted a third man about stealing gas. Those two men reportedly confirmed similar stories.

The details of the initial report compelled the deputy to conduct a protect sweep of the house but, before he could do so, a fourth man -- Cudlipp -- was discovered in the house and was asked to stand outside with the other three men.

When the deputy asked to conduct a sweep of the house, one of the men reportedly said he had a marijuana pipe in plain view on his dresser in his bedroom.

The affidavit says Cudlipp then admitted to having a plastic bag containing marijuana and several hypodermic needles on the bed downstairs. Deputies searched the house and allegedly found two hash wax containers, a marijuana pipe, and the baggie described by Cudlipp, who has two previous convictions for possession of marijuana.