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county court

3 are sentenced in County Court for felonies

By Tom Rivers, Editor Posted 20 November 2017 at 5:29 pm

ALBION – Three people were sentenced in Orleans County Court today, including a mother who admitted to trying to sneak the narcotic Soboxone into the Orleans County Jail for her son while he was an inmate.

Mary Walton, 58, of Albion had no prior criminal history. She could have been sentenced to state prison for promoting prison contraband.

Sara Shedon, the acting County Court judge, decided against any jail or prison time. She instead sentenced Walton to five years of probation, “based on the fact this is your first offense and your likelihood of reoffending is basically zero,” Sheldon said in court this afternoon.

Walton apologized for the crime.

“I’m sorry for what I did,” she said in court this afternoon. “It was a stupid move.”

Since her arrest in June, Walton said she has lost her job and her home. Her boyfriend broke up with her and some family members haven’t spoken to her. She also had her pistol permit revoked.

Her attorney, David Wade, urged the judge to sentence her to probation and not incarceration. He noted that Walton is a caregiver for a grandchild several days a week.

“Many would say what she did was absolutely wrong and dumb, succumbing to her son’s addiction,” Wade told the judge. “”To say this has been life-changing would be an understatement.”

Her son, Joshua Grosskopf, was in jail when she attempted to bring Soboxone into the jail for him. Grosskopf was serving a 6-month sentence for petit larceny.

In other sentencings today:

• Peter Eckerd, 28, of Brockport was sentenced to 1 to 3 years in state prison for felony driving while intoxicated in the Town of Murray.

The charge normally carries a maximum of 1 1/3 to 4 years in state prison, but as part of a plea deal Eckerd’s sentence was capped at 1 to 3 years in prison. He has two prior DWIs.

Shane S. Woolston, 26, of Waterport was sentenced to a year in the county jail for grand larceny in the fourth degree for allegedly stealing a car as well as several credit and debit cards, and using them to make numerous purchases.

David L. Timmer III, 38, of Medina was to be sentenced today but it was pushed back until Feb. 4 while the court awaits a pre-sentencing report. Timmer has pleaded guilty to attempted burglary in the third degree. He is accused of burglarizing Tim Horton’s in Medina and taking money from the business. He faces a split sentence of up to 6 months in jail and 5 years of probation.

• In another case, Patricio A. Borquez, 43, pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

Borquez, formerly of Densmore Road in Albion, admitted he had cocaine on Jan. 27 with the intent to sell it.

He will be sentenced on Feb. 26 and faces a maximum of 3 years in state prison. Borquez had been working for two years in Albion as a farmworker. He is likely to be deported when he completes the prison sentence.

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Several plead guilty in County Court

By Tom Rivers, Editor Posted 14 November 2017 at 5:03 pm

ALBION – Several people pleaded guilty in Orleans County Court on Monday.

Derrick Adams, 30, of Medina admitted to unlawfully having cocaine with the intent to sell it on April 25.

He pleaded guilty to criminal possession of a controlled substance in the fifth degree. The charge carries a maximum of 1 to 2 ½ years in state prison.

As part of a plea deal, Adams, who has no previous criminal history, instead will face a maximum of 6 months in jail and 5 years on probation when he is sentenced on Feb. 5. He also agreed to forfeit $5,818 that was seized by law enforcement.

• An Albion man pleaded guilty to grand larceny in the fourth degree. Joseph Piedmont, 52, of South Clinton Street admitted to taking a debit card. He agreed to pay restitution of $14,321.

Piedmont told Judge Sheldon he made “bad decisions” and went back to using drugs after being clean.

The grand larceny charge normally carries a maximum of 1 1/3 to 4 years in state prison. But in a plea deal, Piedmont will face up to 6 months in jail plus 5 years of probation when he is sentenced on Jan. 22.

• A Waterport woman was accepted into a diversion program. If she can stay off drugs and obey the law during the program, a felony charge will be dismissed and she will avoid jail.

Mary Golding, 52, of Waterport pleaded guilty to third-degree burglary for going into a building on North Liberty Street in Albion without permission.

The judge ordered that Golding go into an inpatient drug treatment program, and then an outpatient program.

“She doesn’t get home until she is squeaky clean,” the judge said.

She told Golding she needs to do the hard work of rehab or else she will go to state prison, possibly for 3 ½ to 7 years.

• Frank Ranallo, 47, of Medina pleaded guilty to violating his probation and could be sentenced to up to a year in the county jail on Jan. 8.

Ranallo violated his probation by not attending substance abuse and mental health counseling appointments. He also was using drugs, and committed another crime, according to the District Attorney’s Office.

Sara Sheldon, the acting County Court judge, told Ranallo he needs to go to his appointments.

“This is not a joke,” the judge said. “This is serious.”

• Evan J. Vanskiver, 24, of Hilton also was arraigned for violating probation. Vanskiver allegedly didn’t notify probation of a change of address.

His attorney Nathan Pace said it was “a communication error.” He asked that Vanskiver be released from jail.

Judge Sheldon set bail at $500 and set Dec. 4 for a hearing about whether Vanskiver violated terms of his probation.

• A 17-year-old boy from Medina admitted to sending a sexually explicit image to a 14-year-old girl. The boy pleaded guilty to disseminating indecent material to a minor.

The judge granted him youthful offender status. The crime won’t go on his record and he won’t have to register as a sex offender. He will serve six months in jail, plus five years of probation.

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Bail revoked after man sends more than 100 texts to woman, violating order of protection

By Tom Rivers, Editor Posted 6 November 2017 at 6:53 pm

ALBION – A Kendall man facing charges of driving while intoxicated and criminal possession of a weapon had his bail revoked today in Orleans County Court.

Chad Oehlbeck, 30, has been free on $15,000 bail since his arrest. He was allegedly driving drunk with a gun in his vehicle, District Attorney Joe Cardone said in court this afternoon.

Sara Sheldon, acting County Court judge, issued an order of protection for the woman when Oehlbeck was arraigned on Aug. 28. Oehlbeck was to have no communication with the woman.

However, he has allegedly sent more than 100 text messages, more than 30 Facebook messages and left 29 voicemails, Sheldon said in court today.

He has since been charged with criminal contempt for violating a court order.

Sheldon revoked Oehlbeck’s bail today and had him sent to jail.

“I’m sorry Chad,” the judge told Oehlbeck. “You don’t disobey court orders. That is not tolerated.”

In other cases in County Court today:

• A Medina man admitted to having cocaine with the intention of selling it on May 18.

Russell E. Sargent, 51, of West Avenue pleaded guilty to attempted criminal possession of a controlled substance in the third degree. That charge normally carries a sentence of 1 to 5 ½ years in state prison. As part of a plea deal today, Sargent will face up to 4 years in state prison, plus a maximum of 1 to 2 years of post-release supervision. He will be sentenced on Jan. 22.

• A 17-year-old boy who was living in Medina has now spent five months in the county jail for disseminating indecent material to minors. The boy allegedly sent “extremely graphic images to an underage female,” Cardone said.

The boy, who could be a youthful offender and shouldn’t have his name published, was 16 when he allegedly sent the images, his attorney Michael O’Keefe said.

O’Keefe said the boy should be released soon because he has already spent five months in jail. If he was released, he wouldn’t have a place to go because his mother abandoned him and his father is serving a 50-year prison sentence.

O’Keefe said he has been trying to find a place for the boy but there are very limited resources locally.

The boy doesn’t have a prior criminal history. His attorney said it’s unfair the boy has to stay in jail so long and miss out on school.

Cardone offered a plea deal for the boy to face 6 months in jail and five years probation, plus he would have youthful offender status, sealing his record and keeping him off the sex offender registry.

O’Keefe said the six months is already nearly up. He thinks insisting on 5 years of probation after 6 months of jail is too harsh and perhaps an illegal sentence for the charge.

Judge Sheldon said the 5 years of probation could provide needed guidance for the boy.

She isn’t willing to let the boy from jail until she knows he has a safe housing situation, even if that means he stays in jail for more than 6 months.

“I’m not going to just release him to the streets,” she said.

The boy will be back in court on Nov. 13 to make a decision whether to accept the plea deal. The judge also wants to see if there is progress in finding a place for the boy to stay once he is out of jail.

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3 arraigned in County Court for felonies

By Tom Rivers, Editor Posted 6 November 2017 at 3:48 pm

ALBION – Three people were arraigned in Orleans County Court last week for felonies.

Adrian Taylor, 40, of Rochester was charged with fourth-degree grand larceny for stealing from Wal-Mart.  He has since been charged again for third-degree grand larceny for stealing merchandise from Wal-Mart.

Taylor allegedly put electronic items in a tote and then took them from the store.

Taylor has three prior felony convictions. Sara Sheldon, the interim County Court judge, kept bail at $25,000 cash, which was set in town court.

Other arraignments include:

Breanna Eaton, 24, of Davis Ave., Medina, who is charged with fourth-degree grand larceny. She allegedly stole jewelry on April 10 that is valued at more than $1,000.

She was released on her own recognizance and will be screened for a judicial diversion program, where the charge could be reduced to a misdemeanor with no jail time.

• Corey Goebel, 26, of Sparling Drive, Rochester, who is charged with third-degree burglary and petty larceny. He is a codefendant in a case where he allegedly entered a garage on Countyline Road in Clarendon without permission and stole tools.

Bail was set at $10,000.

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2 Albion men face unlawful imprisonment, drug charges

Posted 3 November 2017 at 8:01 pm

3 police officers sustain minor injuries

Press Release, Albion Police Chief Roland Nenni

ALBION – On Thursday at about 8:45 p.m. the Orleans County 911 Center received a report from an individual that a family member had been kidnapped and was being held against her will.

Demetrius Bennett

The complainant stated that text messages had been received from the victim giving a general location of the victim’s whereabouts. Using cell phone GPS Location Technology and other investigative tools, the victim was located at 51 Beechwood Blvd. in the Village of Albion.

Albion police officers along with deputies from the Orleans County Sheriff’s Office and Troopers from the New York State Police made contact with two males inside the residence.

One of the males was immediately taken into custody without incident. The other male resisted arrest and as result in the confrontation with the police, three officers sustained minor injuries before the suspect was taken into custody.

The female victim was found to be unresponsive and in need of advance medical care inside the residence. The victim was transported by COVA Ambulance to Medina Memorial and later transferred to Strong Memorial Hospital where she is in guarded condition.

With assistance from the Orleans County Major Felony Crimes Task Force, a search warrant was executed at the location. As a result of the search warrant execution, a quantity of narcotics was seized along with other evidentiary material.

Mark Bennett

The following were arrested:

Demetrius Bennett, 39, of 51 Beechwood Blvd, Albion, has been charged with Criminal Possession of a Controlled Substance in the 5th degree (D felony), two counts of unlawful imprisonment in the 1st degree (E felony), Criminal Possession of a Controlled Substance in the 7th degree (A misdemeanor), Obstructing Governmental Administration in the 2nd degree (A misdemeanor), Resisting Arrest (A misdemeanor) and second-degree Harassment (violation).

Mark H. Bennett, 31, of 222 Chamberlain St., Albion has been charged with two counts of Criminal Possession of a Controlled Substance 5th (D felony), Unlawful Imprisonment 1st (E felony), Criminal Possession of a Controlled Substance 7th (A misdemeanor) and Possession of a Hypodermic Inst (A misdemeanor).

The two men arrested in the incident are not related. They were arraigned in the Town of Gaines Court and committed to the Orleans County Jail on $25,000 bail. They are to return to court on Nov. 8 at 2 p.m.

“This is an active investigation and no further information will be released at this time,” Chief Nenni said.

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Colino deemed mentally incompetent to stand trial

By Tom Rivers, Editor Posted 31 October 2017 at 1:10 pm

Holly Colino

The woman accused of murdering Megan Dix of Lyndonville on Aug. 25 has been deemed mentally incompetent to stand trial.

Holly Colino appeared in court this morning before Charles Schiano Jr., a State Supreme Court justice.

Two psychiatrists evaluated Colino and said she was incompetent to stand trial, and could not assist in her own defense. Colino will be placed in a state mental health facility, the Rochester Democrat & Chronicle is reporting.

Colino, 31, allegedly shot and killed Dix on Aug. 25 while she was taking a lunch break in her truck in a parking lot along South Avenue in Brockport. Dix worked nearby at Lowes.

Colino and Dix did not know each other. Brockport Police Chief Daniel Varrenti said the murder was a “random of act of violence.” Dix, 33, did nothing to provoke the incident.

“She did everything a good citizen, a good wife and a good mother should do,” Varrenti told reporters on Aug. 29, when Colino’s arrest was announced. “Unfortunately because of being at the wrong place, and wrong time, and unfortunately because of the sole act of one person became the victim of the murder.”

Colino will work with the two psychiatrists for a year to see if she can reach the point where she can stand for trial. She is scheduled to return to court on August 27, 2018.

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Man who said he was innocent of sex abuse 2 weeks ago pleads guilty today

By Tom Rivers, Editor Posted 30 October 2017 at 7:34 pm

ALBION – Two weeks ago in Orleans County Court, Joseph Quarella refused a plea deal and proclaimed his innocence. He was set to go to trial on Nov. 13 for first-degree sex abuse for having sex with a 16-year-old girl.

Quarella was asked in court on Oct. 16 if he would accept a plea offer in the case.

“No,” he told Judge Sara Sheldon. “I’m not because I didn’t do anything.”

But today in court, Quarella admitted to forcibly touching the victim’s private parts.

He pleaded guilty to first-degree attempted sex abuse and faces a maximum sentence of 2 ½ to 4 years in state prison. He will be sentenced on Jan. 22.

Quarella was living at Skyline Circle in Murray when he allegedly subjected the victim to crime, which occurred in November 2016.

Quarella is a second felony offender and already has served a sentence in state prison.

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4 from Brockport face drug charges following crack cocaine investigation in Orleans

Staff Reports Posted 26 October 2017 at 4:49 pm

BROCKPORT – Four people from Brockport have been accused of being part of selling and distributing crack cocaine in Orleans County, the Orleans County Major Felony Crimes Task Force reported today.

The Task Force and the Brockport Police Department on Wednesday executed a search warrant at 29 Main St., apt. 2, in Brockport. Task Force members seized a quantity of crack cocaine packaged for sale and arrested four people on various drug charges.

Todd Brown

The following were charged:

Todd M. Brown, 29, of 29 Main St., apt 2., Brockport. He was charged with nine counts of criminal sale of a controlled substance in the third degree, which are Class B felonies.

He was arraigned in Murray Town Court by Town Justice Theodore Spada Jr., and committed to the Orleans County Jail on $50,000 cash bail or bond. He is scheduled to appear in Murray Town Court at 5:30 p.m. on Friday.

Jessica Hart

Jessica L. Hart, 27, of 29 Main St., apt. 2, Brockport, who was charged with four counts of criminal sale of a controlled substance in the third degree, Class B felonies.

She was arraigned in Murray Town Court by Justice Spada, and committed to the Orleans County Jail on $50,000 cash bail or bond. She is scheduled to appear in Murray Town Court at 5:30 p.m. on Friday.

Keriena Y. Torres, 19, of 93 West Ave., Brockport, who was charged by Brockport Police with one count of criminal possession of a controlled substance in the third degree, a Class B felony.

She was arraigned in the Village of Brockport Justice Court by the Honorable William Andrews. Torres was committed to the Monroe County Jail on $2,500 cash or bond.

Donna M. Rosenbaum, 57, of 26 Main St., apt. 2, Brockport. She was charged by Brockport Police with one count of criminally using drug paraphernalia in the first degree, a Class A misdemeanor.

Rosenbaum was issued an appearance ticket.

Further arrests and charges are pending in this investigation, the Task Force reported.

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Inmate gets additional time for trying to have prescription drug brought into women’s prison

By Tom Rivers, Editor Posted 23 October 2017 at 6:31 pm

ALBION – An inmate at the Albion Correctional Facility was sentenced to additional 1 ½ to 3 years in state prison for attempting to have a drug brought into the women’s prison.

Stacie Calloway, 47, is a Rochester native currently in the women’s prison. On March 26, she attempted to have Alprazolam, a prescription drug used to treat anxiety, be brought into the prison.

Calloway pleaded guilty to attempted promotion of prison contraband in the first degree.

The charge usually carries a 2- to 4-year maximum in prison. As part of a plea, Calloway will face an extra 1 ½ to 3 years in prison. She was due to released in December.

Her attorney, David Wade, asked Sara Sheldon, the acting Orleans County Court judge, for leniency for Calloway, whose husband is in hospice care with terminal brain cancer. Wade also said Calloway’s criminal record is driven by her drug addiction.

Calloway apologized for her “very poor choices” and asked the judge to include a drug treatment program in the sentence.

Judge Sheldon said Calloway has twice been in the Willard drug treatment program through the state prison system. Sheldon told Calloway she would receive additional drug treatment when she is released from prison. The judge urged Calloway to take a leadership role in the program.

“I think there is a lot of hope for you,” the judge said. “Look at you, you’re fabulous.”

In other cases in County Court today:

• The judge accepted Virginia A. Rivera, 37, of Albion into a judicial diversion program. If Rivera successfully completes the program, which includes inpatient drug treatment, a felony charged will be dismissed. Rivera will instead be sentenced to 3 years of probation for a misdemeanor of criminal possession of a controlled substance in the seventh degree.

Rivera in court today pleaded guilty to criminal possession of a controlled substance in the third degree. If she fails the judicial diversion program, Rivera could face 1 to 9 years in state prison.

She admitted she had cocaine with the intent to sell. She doesn’t have a prior criminal record.

• John W. Murphy, 44, of Medina was arraigned for fifth-degree criminal sale and criminal possession of a controlled substance.

He allegedly was involved with the sale and distribution of prescription Suboxone strips. Murphy entered a not guilty plea today in court. He will be screened for the judicial diversion program.

• Mary Golding, 52, of Waterport was arraigned for third-degree burglary, menacing in the second degree, and criminal possession of stolen property in the fourth degree.

She allegedly went into a building on North Liberty Street in Albion, and brandished a knife, threatening a woman. The judge issued an order of protection for the woman.

Judge Sheldon also set bail at $10,000 for Golding.

Her attorney, Mark Lewis, said Golding had been drinking heavily and using illicit drugs at the time of the alleged crimes.

Golding will also be screened for the judicial diversion program. Last year she was sentenced to a year in jail for going into a neighbor’s house on Harris Road on Nov. 8, 2015 and stealing a jewelry box so she could feed her heroin addiction.

Golding today in court said she has been struggling with alcohol, cocaine and heroin addictions.

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3 arraigned in County Court for felonies in Orleans County

By Tom Rivers, Editor Posted 17 October 2017 at 11:53 am

ALBION – Three people were arraigned on felony charges in Orleans County Court on Monday.

Darren Marker, 32, of Medina faces the most serious charges, including first-degree robbery.

He allegedly was in a vehicle on Main Street in Medina at 12:30 a.m. on Aug. 8 when he pulled out a knife and threatened the victim. Marker allegedly already owed the victim $110 after borrowing money with no intention of paying it back, the District Attorney’s Office said.

Marker also allegedly stole cellular phone power banks from Crosby’s.

He faces charges of second-degree menacing, criminal possession of a weapon, two counts of petit larceny, and criminal mischief in the fifth degree.

Marker has “an extremely extensive record” outside of New York, District Attorney Joe Cardone told Judge Sara Sheldon. He asked for high bail to be set for Marker, who has a wife in Rochester and grandparents in Medina.

Sheldon set bail at $100,000 cash and $200,000 property bond.

In other cases:

• Jocelyn Munn, 22, of South Lyndonville Road in Medina was arraigned for fourth-degree grand larceny after she allegedly stole jewelry worth more than $8,500.

She pleaded not guilty. The judge agreed to have Munn screened for a judicial diversion program. If Munn completes that program, the felony charge would be dismissed and she would instead be sentenced to a misdemeanor.

• Vanessa Trouerbach, 26, of Rochester was arraigned for third-degree burglary and petit larceny. The former Orleans County resident and a codefendant allegedly entered a garage on Monroe-Orleans Countyline Road on June 21 and stole tools.

The judge issued an order of protection for the victim and will have Trouerbach screened for the diversion program. Monroe County residents are usually ineligible for the program, but the judge agreed to have Trouerbach screened to see if she would be a good candidate for diversion.

• A Medina man has declined all plea offers and will go to trial beginning on Oct. 30 for first-degree assault, which could carry a maximum of 25 years in state prison.

Jessy Miller, 30, allegedly beat up another person and then left the scene without calling for an ambulance on Dec. 17 during a party at Ricky Place in Medina.

The victim was hospitalized and had to be put in a coma as part of his recovery, according to the District Attorney’s Office.

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