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county court

Holley man sentenced to 2 years in prison for drug crime

By Tom Rivers, Editor Posted 21 March 2017 at 2:30 pm

ALBION – A Holley man was sentenced to 2 years in state prison in Orleans County Court on Monday.

Scott E. Davis, 28, of Brockville Road was arrested on July 28 following an investigation into the sale and distribution of cocaine in Orleans County.

Davis was sentenced for criminal possession of a controlled substance in the fifth degree. The charge carries a maximum of 2 ½ years in state prison.

Judge James Punch sentenced Davis to 2 years, plus one year of post-release supervision.

In another case on Monday, a Rochester man pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

Steven C. Jones, 47, was arrested in November, the first person to be charged in Orleans County for selling medical marijuana. Jones was allegedly selling marijuana in both liquid and pill form, as well as prescription painkillers.

He faced an 18-count indictment and has been in jail on $100,000 bail.

Jones will be sentenced to up to 4 years in prison, and possibly 2 years of post-release supervision, on June 5.

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Holley man admits driving impaired without license, could face 1 to 3 years in prison

By Tom Rivers, Editor Posted 20 March 2017 at 4:53 pm

ALBION – A Holley man admitted to drinking some hard liquor on Oct. 29, before he was stopped in Barre and charged with driving while impaired and aggravated unlicensed operation of a motor vehicle.

William Tuttle Jr., 36, of West Albion Road in Holley could face a maximum of 1 to 3 in state prison when he is sentenced at 2 p.m. on June 12.

He had his driver’s license suspended after he was found guilty previously of driving while impaired due to drugs.

Tuttle did not have a breathalyzer to measure his Blood Alcohol Content on Oct. 29, and he also passed a field sobriety test. He had about 2 ounces of hard liquor about an hour before he was pulled over in Barre, Tuttle told Orleans County Court Judge James Punch.

The judge asked Tuttle if his ability to drive was “impaired by some degree” and Tuttle agreed it was.

In another case, District Attorney Joe Cardone presented a plea offer to a Murray resident with multiple prior DWIs.

Kevin A. Truesdell, 39, of Hurd Road was arraigned in court on March 6 for felony DWI, AUO of a motor vehicle in the first degree and aggravated DWI (registering 0.18 percent or more).

Truesdell also faces charges of violating his probation in Genesee County. He also was recently arrested for criminal mischief and trespass in Murray.

Cardone’s plea offer would incorporate all of the crimes. Truesdell would face a maximum of 1 1/3 to 4 years in prison as part of the plea.

Truesdell is represented by attorney Gary Horton. Truesdell has been in jail the past two weeks with bail at $20,000. He was given time to consider the offer from the DA.

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Medina man pleads guilty to distributing fake money and assault

By Tom Rivers, Editor Posted 13 March 2017 at 5:27 pm

ALBION – A Medina man could face up to 4 years in prison after he admitting to distributing counterfeit money and also injuring a corrections officer to elude custody.

Sebastian L. Bonk, 24, was initially charged with first-degree criminal possession of a forged instrument, which carries up to 15 years in state prison. He was one of four people charged with knowingly using counterfeit money.

Bonk was in jail on Aug. 4, when he was taken to Medina Memorial Hospital for a health issue. Bonk was at the hospital at 11:20 p.m. when he allegedly ran out of the Emergency Department door, through the lobby and out of the hospital.

Bonk had pulled his leg shackles up higher on his legs to make it easier to run. Bonk was pursued by two nurses along with a correction officer. The nurses and corrections officer were able to catch Bonk and take him to the ground about 80 yards north of the hospital on Ohio Street. Bonk injured the three during the process, leading to him being charged with three counts of second-degree assault, which carries a maximum of seven years in prison.

As part of a plea deal today, Bonk admitted guilt to second-degree assault and attempted criminal possession of a forged instrument. He will spend no more than 4 years in state prison as part of the deal. Bonk will be sentenced on May 22.

In other cases in County Court:

• A Murray resident was arraigned on three counts of second-degree assault, one count of second-degree menacing and one count of first-degree unlawful imprisonment.

Todd J. Knight II, 25, of Hulberton Road was charged after an alleged domestic violence incident. Judge James Punch issued an order of protection for the victim and has bail at $20,000 for Knight, who entered not guilty pleas.

District Attorney Joe Cardoe said a woman injured by Knight suffered a head injury with “massive swelling” on the right side of her head, a fractured rib, contusions and other injuries.

• An Albion man soon to be released from prison was assessed as a Level 1 sex offender by Judge James Punch.

Robert T. Rushing, 57, is currently an inmate at Collins Correctional Facility. He has been serving a sentence of up to 7 years for criminal sexual act in the second degree. He has been at Collins Correctional Facility since Feb. 9, 2012. He could be released on April 28, 2017.

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Man arraigned for felony DWI, bail set at $20K

By Tom Rivers, Editor Posted 8 March 2017 at 11:48 am

ALBION – A Murray resident with multiple prior DWIs was arraigned for felony driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the first degree and aggravated DWI (registering 0.18 percent).

Kevin A. Truesdell, 39, of Hurd Road appeared Monday before Orleans County Court Judge James Punch, who set bail at $20,000.

District Attorney Joe Cardone said Truesdell has seven prior alcohol-related offenses, including arrests in Texas, South Carolina and New York.

He also was recently arrested for criminal mischief and trespass in Murray.

“I’m very concerned about the extensive out-of-state record as well as the in-state record,” Punch said.

In other cases on Monday:

• The judge set bail at $100,000 for Bryan M. Beach, 33, who has been charged with criminal contempt for violating an order of protection.

Beach appeared before Judge Punch on a bail application hearing. His case will continue to be handled in the Albion Town Court. Because Beach has at least two prior felonies, his bail was set at County Court.

“You have a very, very, very long and extensive criminal history,” Punch told Beach.

• Kevin Lampman, who is on probation from Genesee County, had his bail set at $50,000 for violating probation.

• A Medina teen was offered a plea deal where he would serve a maximum of 4 years in state prison for second-degree assault.

Lucas Porter, 17, was initially charged with first-degree assault, which would carry a maximum of 25 years in state prison.

Porter allegedly stabbed a Buffalo man at a house party on Nov. 6 in Ridgeway, puncturing his lung and just missing his heart.

The district attorney offered a plea deal where Porter could plead guilty to second-degree assault, which carries a maximum of seven years in prison but would instead be capped at 4 years as part of the plea deal. Porter has until April 10 to consider the offer.

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County Court judge sentences 3 to state prison

By Tom Rivers, Editor Posted 6 March 2017 at 4:29 pm

Former nurse says drug addictions have been her downfall

ALBION – Three people were sentenced to state prison today for felony crimes committed in Orleans County.

One of those sentenced includes a former nurse who said her life has been in a downward spiral due to drug addictions the past five years.

Marcie Conlon, 43, of Holley in December pled guilty to attempted forgery in the second degree. She was sentenced to 1 1/2 to 3 years in state prison today by Judge James Punch.

She was working as nurse manager in the wellness center of the Iroquois Job Corps Center in Shelby on April 2, 2015 when she said she falsely completed a physician’s sheet, writing a prescription for a student, and then used the Ativan, a prescription for anxiety, for herself.

“This is yet another example of how drugs can destroy a person’s life,” Dominic Saraceno, Conlon’s attorney, told Punch during sentencing.

Conlon told the judge her substance abuse started five years ago. She was first convicted of forgery in Yates County in 2012, and several other arrests have followed.

She apologized for her criminal history, and said the drug addictions over the past five years have cost her “everything.”

Punch said Conlon has had many chances to overcome her drug addictions.

“You’ve been given one opportunity after another,” Punch told her. “At some point you have to look at your yourself and say something’s wrong here.”

Punch also told Conlon she shouldn’t attribute addictions for all of her problems.

“Don’t be so comfortable blaming it on the drugs,” the judge said. “This is your fault.”

• A Medina man was sentenced to 4 years in prison, the maximum as part of a plea deal, after he admitted to selling cocaine in Albion on Feb. 16, 2016 at the Save-A-Lot parking lot.

Eddie Joe Nichols, 61, of West Avenue pled guilty in December to attempted criminal possession of a controlled substance in the third degree.

Punch said Nichols is a second felony offender with a lengthy criminal history.

“I can say you are a drug dealer looking at your history,” Punch said. “But you are a life-long career criminal and I will sentence you for as long as I can.”

Nichols asked to be spared from a $325 court surcharge because he is on disability, but Punch insisted Nichols pay the full amount, as well as a $50 DNA fee.

Adam Gallo, 31, of Eagle Harbor Road in Albion was sentenced to 1 ½ years in prison despite his request to be sentenced to weekends in jail so he could continue his lawn mowing and property maintenance business.

Gallo admitted in December to selling “wax,” a highly potent form of concentrated marijuana on Aug. 9. He pled guilty to criminal possession of a controlled substance in the fifth degree and could have been sentenced to 2 ½ years in prison.

Gallo, in an emotional statement, apologized to the court, his family, his girlfriend and the community for the selling the potent marijuana.

Gallo said he made a “terrible mistake” and told Punch, “I promise you will never see me in your court again.”

Punch said Gallo has already twice been on probation. The judge was also upset that Gallo allegedly posted on social media a contract with a confidential informant used by the Orleans County Major Felony Crime Task Force.

“When posting contracts between police and an informant the only motivation was to bring harm to that person,” Punch said.

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Former security guard at Holley school charged with rape of girl

Staff Reports Posted 3 March 2017 at 4:09 pm

Adam Mesiti

HOLLEY – A former security employee at Holley Central School was charged today with rape and other sex crimes.

Adam C. Mesiti, 46, of Brockport was charged by the Orleans County Sheriff’s Office on multiple charges related to alleged sexual conduct with a female under the age of 17 at the Holley High School, Undersheriff Christopher M. Bourke said this afternoon.

Mesiti was charged with 10 Counts of Rape in the third degree, 20 Counts of criminal sexual act in the third degree, and 30 Counts of sex misconduct.

Mesiti was employed by C.O.P. Security, a private firm contracted to provide security services at the Holley School District in 2014 when these alleged incidents took place. The Holley School District and C.O.P. Security fully cooperated with the Orleans County Sheriff’s Office during this month-long investigation., Bourke said.

Mesiti was arraigned this afternoon in the Town of Murray Court by Town Justice Theodore Spada Jr. Bail was set at $25,000 cash or bond. Spada also issued an order of protection for the victim. Mesiti is scheduled to return to Murray Town Court on March 22 at 5:15 p.m.

This Investigation and arrest was conducted by Investigator Shannon Brett, assisted by Investigator Ken Strickland. Anyone with information regarding this case is urged to contact Inv. Brett at 585-590-4158.

The school district posted this statement on its website:

“The Holley Central School District is cooperating fully with the Orleans County Sheriff’s Department in the investigation of an employee of C.O.P. Security Inc. The security and safety of our students and staff is our top priority. We will continue to work with law enforcement in their efforts to keep our community safe.”

(Editor’s note: This article was updated to say Mesiti is a former security employee at the school. He hasn’t worked at Holley for more than a year.)

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Medina man faces drug charges for selling pills

Staff Reports Posted 2 March 2017 at 10:32 am

Charles J. Knapp

MEDINA – A Medina man faces multiple felony drug charges following an investigation into the sale and distribution of prescription pills (Aprazolam), the Orleans County Major Felony Crime Task Force reported.

The Task Force and Medina Police Department arrested a a Medina resident on Wednesday on several drug charges.

Charles J. Knapp, 48, of 114 East Center St. was charged with three counts each of criminal sale and criminal possession of a controlled substance in the fifth degree (Class D felonies).

Knapp was arraigned in Ridgeway Town Court by Town Justice Joseph Kujawa. Knapp was committed to the Orleans County Jail on $25,000 cash bail. Knapp is scheduled to return to Ridgeway Town Court at 9 a.m. on March 5.

This investigation is ongoing and Knapp may face Medicaid fraud and welfare fraud charges, the Task Force reported today.

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Medina man sentenced to 4 years in prison on drug charge

By Tom Rivers, Editor Posted 28 February 2017 at 8:06 am

ALBION – A Medina man was sentenced to four years in state prison on Monday in Orleans County Court.

Calvin S. Carver, 27, of Salt Works Road in Medina was arrested on July 6 after an investigation into the sale and distribution of crack cocaine in Medina.

Carver, a second felony offender, was sentenced for criminal possession of a controlled substance. In addition to four years in prison, Carver will have three years of post-release supervision, and must pay a $325 court surcharge and $50 DNA fee.

County Court Judge James Punch said Carver has a history of dealing drugs.

In other cases:

Angela Tuitt, 20, from Queens was sentenced to an additional 1 ½ to 3 years in state prison for attempted promoting of prison contraband in the first degree.

Tuitt is an inmate at Albion Correctional Facility. She admitted to having a lock in a sock with the intent to use it as a weapon to protect herself on May 7, 2015. Because she is a second felony offender, Punch said he had to sentence her to additional time in prison.

• Two teen-agers who were arrested at a motel on Oct. 6 after being found with cocaine are now only facing charges of endangering the welfare of a child.

Punch said a search warrant wasn’t properly executed in the case and that evidence can’t be used.

“Anything observed or confiscated in the warrants will be suppressed,” Punch said.

Andrew L. Coley, 19, of Albion and a 17-year-old girl from Webster faced multiple drug counts that have been effectively dismissed.

After entry was made into the motel room, police discovered a runaway juvenile inside the room from Parsons Children and Family Center in Albany. Coley and the girl from Webster also were allegedly in the room. The girl is likely to be given youthful offender status so her name shouldn’t be published.

• In a court appearance on Friday, a Rochester man pled guilty to selling crack and heroin.

Trevis D. Baker, 38, of Chili Avenue pleaded guilty to attempted third-degree criminal sale of a controlled substance. He will face a maximum of six years in prison when he is sentenced on May 15.

Baker also is facing federal drug and weapons that will be prosecuted in U.S. District Court.

Baker allegedly sold heroin and cocaine to an informant from Orleans County between March 15 to March 24. He was arrested March 30 after an investigation into heroin, crack cocaine and cocaine sales in Orleans County.

The Major Felony Crime Task Force, along with Rochester and Albion police, raided Baker’s house and seized more than three ounces of cocaine, more than an ounce of crack, five bundles of heroin, a loaded pistol, more than $8,000 cash and drug paraphernalia.

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4 plead guilty today in County Court

By Tom Rivers, Editor Posted 27 February 2017 at 6:12 pm

ALBION – Four people pled guilty to felonies in Orleans County Court today. Three of the defendants will likely face time in prison.

Gary L. Bonk, 40, of North Gravel Road pled guilty to attempted criminal possession of a controlled substance in the third degree. That charge normally carries a maximum of 1 ½ to 8 years in state prison. As part of a plea deal, Bonk will face no more than 4 years in prison.

Bonk, a second-felony offender, admitted he had cocaine with the intent to sell it on Dec. 6, 2016.

Judge James Punch also revoked bail for Bonk who will be sentenced on May 8. He has been in the county jail on $300,000 bail.

Michael W. Oldfeld, 48, of Franklin Street in Dansville admitted to taking money to build three pole barns in Orleans County, and not following through with the work.

Oldfeld pled guilty to scheme to defraud in the first degree and faces a maximum of 1 to 3 years in state prison as part of a plea deal. The charge normally carries a maximum of 1 1/3 to 4 years in prison. He will be sentenced on April 10.

Oldfeld also agreed to pay “reasonable restitution” which hasn’t been determined but District Attorney Joe Cardone said would be about $30,000.

Oldfeld faces similar charges in other counties, and those charges will be prosecuted separately from the fraud in Orleans County.

Jennifer McCarthy-Conklin, 41, of Holley admitted to violating her probation and could face up to 1 ½ years in prison when she is sentenced on April 10.

McCarthy-Conklin was previously sentenced to the county jail for criminal possession of a controlled substance in the fifth degree and had been out on probation. She violated several conditions of her probation, including using crack cocaine on several occasions, she admitted to Judge Punch.

Maria C. Conte, 28, of Pearl Street in Medina pled guilty to fourth-degree grand larceny and petit larceny for using another person’s credit card and taking out $2,000 in authorized purchases. She was accepted into a diversion program. If successful, Judge Punch said he would dismiss the most serious charge, which has a maximum of 4 years in state prison.

Conte instead would be sentenced only for the petit larceny charge. If successful in the diversion program, Conte also would avoid time in jail, Punch said today.

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3 charged in heroin, crack cocaine investigation in Orleans County

By Tom Rivers, Editor Posted 16 February 2017 at 7:19 pm

ALBION – Three people were charged on after two separate investigations into the sale and distribution of heroin and crack cocaine from Rochester to the Village of Albion, the Orleans County Major Felony Crime Task Force is reporting today.

The Task Force and the Albion Police Department executed a search warrant on a vehicle and the occupants who were entering the village on North Main Street in Albion. Police seized a quantity of heroin packaged for sale.

Lopez-Sanchez

Borquez

The following were arrested for heroin distribution:

Leonel Lopez-Sanchez, 45, of 257 1st St., Rochester, who was charged with 3 counts each of criminal sale and criminal possession of a controlled substance in the third degree (Class B felonies).

Patricio A. Borquez, 42, of 75 Loomi St., Little Falls, who was charged with 1 count each of criminal sale and criminal possession of a controlled substance in the third degree (Class B felonies).

Police also arrested the following person regarding the crack cocaine distribution:

Magee

Jeffrey R. Magee, 35, of 714 Parsells Ave., Rochester, who was charged with 3 counts each of criminal sale and criminal possession of a controlled substance in the third degree (Class B felonies). He also was charged with 3 counts of criminal possession of a controlled substance in the fifth degree (Class D felonies).

All three individuals were arraigned in the Albion Town Court by Town Justice Joseph Fuller. Lopez-Sanchez and Borquez were committed to Orleans County Jail on $200,000 bail. Magee was committed to the County Jail on $100,000 bail. All three are to return back to Albion Town Court on Feb. 21 at 9 a.m.

Lopez-Sanchez and Borquez face additional drug charges, and could possibly face deportation, the Task Force reported. The U.S. Department of Homeland Security Immigration & Customs Enforcement were notified and detainers will be filed.

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