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county court

Kent man pleads guilty in hit-and-run where girl struck on bike

By Tom Rivers, Editor Posted 18 April 2017 at 12:01 pm

ALBION – A Kent resident has pleaded guilty in a hit-and-run last summer when a girl was struck on her bike.

Jeffrey P. VanNostrand, 52, pleaded guilty in Orleans County Court to reckless endangerment in the first degree and driving while intoxicated.

VanNostrand will be sentenced on May 23 and could face a maximum of 1 1/3 to 4 years in state prison.

He was driving on Aug. 16 when he allegedly struck a child on a bicycle at 8:47 p.m. on Baker Road. The girl was injured and transported to Strong Memorial by Mercy Flight.

VanNostrand allegedly fled the scene and turned himself in the following morning.

Judge James Punch recused himself from the case. The judge in December said the case is very similar to another hit-and-run with VanNostrand in 1989 where a girl was injured.

The judge said he remembered the details from the 1989 case, back when he was district attorney in Orleans County. Punch said the latest incident with VanNostrand is “infuriating” given the prior incident.

Judge Sara Sheldon handled the case after Punch recused himself.

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Medina man gets year in jail for endangering welfare of child

By Tom Rivers, Editor Posted 18 April 2017 at 11:45 am

ALBION – A Medina man was sentenced to a year in the Orleans County Jail on Monday for endangering the welfare of a child.

Judd A. Farewell Jr., 24, of Countyline Road allegedly tried to solicit an underage girl to send him naked pictures of herself. Farewell gained access to the alleged victim through social media.

“You acted in a predatory manner using the internet to solicit a young girl,” Judge James Punch told Farewell during sentencing.

The judge also issued orders of protection for the victim and her mother.

Farewell has already spent several months in jail, and that time will count towards his sentence. He was also ordered to pay a $200 court surcharge and $50 DNA fee.

The following appeared for arraignments:

• Brionnah L. Raglan, 21, of Medina is charged with third-degree grand larceny and criminal mischief. Raglan and two other co-defendants are accused of smashing a truck window and stealing an envelope containing $8,000 in Clarendon.

The two other co-defendants – Devon Robinson, 23, of Rochester and Jade Fayko, 21, of Holley – were arraigned on April 3.

District Attorney Joe Cardone said the stolen money hasn’t been recovered.

Raglan was released with no bail.

• Laura L. Spear, 49, of Shelby is charged with third-degree grand larceny and second-degree forgery for allegedly stealing and using her mother’s credit card. Spear has no prior criminal history and is free on no bail.

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Judge sets bail at $200K for parolee who allegedly stole car and crashed into Murray garage

By Tom Rivers, Editor Posted 18 April 2017 at 9:48 am

ALBION – An Orleans County resident who recently was released from prison now faces numerous charges after he allegedly stole a car and drove while under the influence of alcohol and drugs.

Joshua D. Biaselli, 33, was arraigned in Orleans County Court on Monday. Judge James Punch set bail at $200,000.

The judge cited Biaselli’s criminal history, with four prior felonies, numerous misdemeanors and two escapes.

Biaselli is accused of stealing a car from a person delivering pizzas on Feb. 10. Biaselli then allegedly crashed the vehicle into a garage on Gulf Road in Murray.

He was allegedly driving drunk and high from using cocaine and marijuana.

Biaselli was released from state prison in Elmira in January after serving more than five years in prison for felony DWI, bail jumping and drug convictions.

He was arraigned on Monday two counts of DWI, driving while impaired by drugs or a combination of drugs and alcohol, first-degree aggravated unlicensed operation, fourth-degree criminal possession of stolen property and two counts of criminal mischief.

Biaselli was an inmate in Attica Correctional Facility when his grandmother, Elsie Biaselli, then 70, was arrested twice and charged with smuggling drugs to him. That led to felony charges against both of them.

Elsie Biaselli, 73, was recently released from state prison after being convicted promoting prison contraband by bringing drugs to Attica. She also was convicted of offering a false instrument for lying on her pistol permit and welfare application.

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Judge sets bail at $75K for Medina man arraigned on first-degree assault

By Tom Rivers, Editor Posted 10 April 2017 at 8:40 pm

ALBION – A Medina man who allegedly brutally beat up another man and then left the scene without calling for an ambulance was arraigned in Orleans County Court today on charges of first-degree assault, which could carry a maximum of 25 years in state prison.

Jessy Miller, 30, of 525 West Ave., Apartment 2, allegedly beat up another person 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.

Miller has several past charges, including an assault, menacing with a weapon, weapons, refusing to obey court orders, and also has a failure to appear in court, Judge James Punch said during the arraignment.

The judge set bail at $75,000 given that criminal history.

Miller is represented by attorney Nathan Pace, who said Miller is a low flight risk and doesn’t need a high bail.

In another arraignment today in Court Court, Daniel F. Heberle, 45, of 17255 Lakeshore Rd. in Hamlin appeared in court on charges of aggravated unlicensed operation of a motor vehicle in the first degree and for misdemeanor driving while intoxicated.

He was charged on Jan. 28 and allegedly had a Blood Alcohol Content of 0.14 percent. H e was stopped on Norway Road in Kendall.

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4 are sentenced in Orleans County Court

By Tom Rivers, Editor Posted 10 April 2017 at 5:24 pm

ALBION – Four people were sentenced in Orleans County Court this afternoon, and three will be going to either the county jail or state prison.

• Jessica D. Hale, 26, of South Avenue in Medina was sentenced to nine months in jail for felony driving while intoxicated.

Hale, in a previous court appearance, said she had been drinking vodka when she was stopped by police on Sept. 29 on West Avenue in Shelby. Her Blood Alcohol Content was 0.17 percent two hours after being arrested.

Her attorney Nathan Pace asked for no jail time and probation only, saying she had a job lined up and had received treatment through GCASA.

County Court Judge James Punch said Hale had been on probation before and had been arrested twice while on probation.

She also will have to pay a $520 court surcharge, $50 fine, have her driver’s license suspended for a year and must install a interlock device that measures BAC in the future when she is driving.

• A Holley woman was sentenced to a year in state prison and one year of post-release supervision for violating her probation. Jennifer McCarthy-Conklin, 41, was previously sentenced to the county jail for criminal possession of a controlled substance in the fifth degree.

She violated several conditions of her probation, including using crack cocaine on several occasions, she admitted to Judge Punch.

Derrick Cooper, 23, was sentenced to 1 1/3 to 4 years in state prison for violating his probation.  Punch said Cooper committed “a very disturbing crime” to be on probation and then had a “poor performance on probation.”

• Anthony O. Durant, 49, of Niagara County was sentenced to two years probation for driving while intoxicated. Durant was charged in Albion in December and had a BAC of 0.12 percent.

Punch revoked Durant’s license for six months, and also said he needs to pay a $395 court surcharge and install an interlock device in the future when he’s driving.

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Medina teen admits assault at party, could be sentenced to 4 years in prison

By Tom Rivers, Editor Posted 10 April 2017 at 4:24 pm

ALBION – A Medina teen admitted to stabbing a Buffalo man near his heart and lung at a house party on Nov. 6 in Ridgeway.

Lucas Porter admitted in court today he stabbed the man at a party. Porter said the other man did not have a knife.

“Did you intentionally harm him?” Judge James Punch asked Porter.

“Yes, your honor,” Porter responded.

Porter, 18, just missed stabbing the man in his heart, but did puncture his lungs. The victim was hospitalized in intensive care for 10 days. He has recovered enough to have the charges downgraded from first-degree to second-degree assault.

Porter accepted a plea deal in Orleans County Court today. Second-degree assault normally carries a maximum of 7 years in state prison. Porter, as part of the plea deal, would face up to 4 years in state prison.

Porter said he had been drinking at the party.

He also admitted guilt to violating probation today. Porter has been on probation after being charged with a burglary in Albion in March 2015.

He could be sentenced to 1 1/3 to 4 years in state prison for violating probation.

Porter will be sentenced on July 3 at 2 p.m.

Porter was a star of Medina’s varsity football team this past season, earning a spot on the annual All-Western New York football squad.

The team was undefeated in its division during the regular season. Porter had a team-leading 6 interceptions, 2 fumble recoveries and 55 tackles.

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Medina woman faces drug charges for selling hydrocodone

Staff Reports Posted 6 April 2017 at 3:43 pm

Suarez-Jimenez

MEDINA – A Medina woman has been charged with criminal sale and criminal possession of controlled substance in the third degree (Class B felonies) for allegedly selling hydrocodone in western Orleans County, the Major Felony Crime Task Force said today.

The Task Force and Medina Police Department worked together in investigation. The arrested Jenia Suarez-Jimenez, 25, of 11105 Telegraph Rd.

She was arraigned in Yates Town Court by Town Justice Donald Grabowski. Suarez-Jimenez was committed to the Orleans County Jail on $20,000 bail. She is due back in court on April 10.

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3 face drug charges in Orleans

Staff Reports Posted 5 April 2017 at 1:28 pm

Three people have been charged with criminal sale of a controlled substance in the third degree for allegedly selling either heroin, cocaine and suboxone in Orleans County, police reported today.

The Orleans County Major Felony Crime Task Force, along with the Albion and Holley Police Departments, arrested three people on Tuesday, including the following:

Shawna Weis

Shawna N. Weis, 29, of the Holley Hotel, 1 Thomas St., Room 30, Holley. She was charged with 2 counts of criminal sale of a controlled substance in the third degree (Class B felonies) and 2 counts of criminal possession of a controlled substance in the third degree (Class B felonies).

She allegedly sold both heroin and cocaine at the Holley Hotel, the Task Force reported.

She was arraigned in Murray Town Court by Town Justice Gary Passarell and committed to the Orleans County Jail on $25,000 cash bail. She is to return to Murray Town Court on April 7 at 5:30 p.m.

Mathew P. Sterns

• Mathew P. Sterns, 34, of of the Holley Hotel, 1 Thomas St., Room 35, Holley. He was also charged with 2 counts of criminal sale and 2 counts of criminal possession of a controlled substance in the third degree.

He allegedly sold heroin at the Holley Hotel, the Task Force said.

He was arraigned in Murray Town Court by Justice  Theodore Spada Jr., and committed to the county jail without bail due to previous criminal history. Sterns is to return to the Murray Town Court on April 6 at 5:30 p.m.

Cynthia Lopez-Lopez

• Cynthia Lopez-Lopez, 39, of 65 Monroe-Orleans Countyline Rd., Brockport. She was charged with 1 count of criminal sale of a controlled substance in the fifth degree (Class D felony) and 1 count of criminal possession of a controlled substance in the fifth degree (Class D felony).

Lopez-Lopez allegedly sold suboxone in Albion, the Task Force said.

She was arraigned by Judge Passarell in Murray Town Court, and committed to the county jail on $15,000 cash bail. She was scheduled to appear in Albion Town Court this morning at 9:30.

The Task Force said that the investigation is ongoing, and further charges and arrests are pending.

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Medina man gets 6 months in jail for DWI

By Tom Rivers, Editor Posted 4 April 2017 at 11:31 am

ALBION – A Medina man was sentenced to six months in the county jail on Monday for felony driving while intoxicated.

Jeremy G. Herman, 39, of Horan Road in Medina was charged with DWI on Aug. 17 when he was stopped on East Scott Road in Ridgeway.

Judge James Punch said this is the third offense for Herman.

“There has to be some jail time,” Punch told Herman during sentencing on Monday. “You had a very high Blood Alcohol Content.”

Herman will also have to serve five years on probation, lose his driver’s license for a year, and install an interlock ignition device that checks his BAC when he resumes driving. He also needs to attend a DWI impact panel.

Herman apologized in court, and said he is getting help.

“I can’t forgive myself right now,” he said. “I’m completely sorry.”

In other cases in County Court, three people pleaded guilty.

Edgar L. Rosario, 30, of Medina pleaded guilty to felony DWI. He was arrested on Sept. 25 after he was allegedly driving drunk with a BAC of 0.18 percent and struck a house on Eagle Harbor Road. District Attorney Joe Cardone said Rosario has a prior conviction for driving while impaired.

Rosario, as part of a plea deal, would face no more than six months in jail and five years on probation. He also could be deported.

He will be sentenced on June 26.

• Two teen-agers, who were arrested at a motel on Oct. 6 after being found with cocaine, pleaded guilty to endangering the welfare of a child and face a maximum of a year in jail when they are sentenced June 19.

Drug charges were dropped against the two because a search warrant wasn’t properly executed in the case and that evidence can’t be used, Judge Punch ruled.

Andrew L. Coley, 19, of Albion and a 17-year-old girl from Webster pleaded guilty to endangering the welfare of a child, a 15-year-old runaway. The 17-year-old has been granted youthful offender status. Her record is sealed and her name shouldn’t be published.

Coley and the 17-year-old said in court on Monday there were alcohol and cocaine in the motel room. They were charged with endangering the welfare of a child for exposing the 15-year-old to drugs and alcohol.

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2 arraigned in County Court for allegedly selling heroin, crack cocaine in Orleans

By Tom Rivers, Editor Posted 4 April 2017 at 10:21 am

ALBION – Two men were arraigned in Orleans County Court on Monday on multiple counts of selling and possessing controlled substances.

Leonel Lopez-Sanchez, 45, of 1st Street in Rochester had his bail set at $300,000 by Judge James Punch.

Lopez-Sanchez was arraigned on four counts of criminal possession of a controlled substance in the third degree and three counts of criminal sale of a controlled substance in the third degree. He entered a not guilty plea.

He is allegedly an illegal alien with an “extensive” criminal record in Florida, said District Attorney Joe Cardone.

Patricio A. Borquez, 42, of Loomis Street in Little Falls was arraigned on three counts of CSCS in the third degree, and two counts of CPCS in the third. The judge set bail at $200,000 for Borquez, who has his Green Card and is a legal resident. He entered a not guilty plea.

They were charged in February after an investigation 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 said in a new release on Feb. 16.

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, according to the Task Force.

In another arraignment on Monday:

• Two people appeared in County Court on charges of grand larceny in the third degree and criminal mischief in the fourth degree.

Devon Robinson, 23, of Glenwood Avenue in Rochester and Jade Fayko, 21, of Hulberton Road in Holley both allegedly broke into a truck in Clarendon and stole $8,000 in cash. The judge set bail for Robinson at $5,000 and $1,000 for Fayko. They pleaded not guilty.

Cardone said the stolen money hasn’t been recovered.

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