Find us on Facebook
Local Sports


4325 Terry’s Corners
4399 Lorraine Oakley
4365 Albion Youth Baseball
4396 Albion Merchants Association
4388 OC Democrats
4334 Genesee Symphony Orchestra
4342 Kevin Doherty
4387 OC Democrats
4414 Eileen Banker
0231 LCP Fishing Hotline
2374 Link to LCP
2308 I Saw It On The Hub
2192 LCP Printing Copying Services

county court

3 are sentenced in County Court

By Tom Rivers, Editor Posted 19 December 2017 at 8:43 am

Rochester man apologizes for bringing drugs to Orleans County

ALBION – Three people were sentenced in Orleans County Court on Monday, including a Rochester man who will spend three years in state prison after admitting to bringing drugs in Orleans County.

Dale M. Jones, 47, of Rochester pleaded guilty to criminal possession of a controlled substance in the fifth degree. As a second felony offender, the charge carries a maximum of 4 years in prison. As part of a plea deal, Jones faced up to 3 years in prison when he was sentenced on Monday.

Sara Sheldon, acting County Court judge, gave him the maximum as part of the plea agreement.

“I apologize for bringing drugs to this county, to the Town of Albion and the Town of Clarendon,” Jones said during sentencing. “I made a bad choice. I’m not a bad person.”

Jones has a long history of substance abuse, his attorney told the judge. Sheldon agreed the sentence for Jones will include the drug treatment program at Willard, which is run by the NYS Department of Correctional Services and Community Supervision.

His sentence includes paying $150 in restitution to the Orleans County Major Felony Crime Task Force.

• Jason M. Hirtreiter, 29, of Medina was sentenced to a year in jail for obstruction of governmental administration in the second degree.

Hirtreiter admitted in court that on May 13 he pulled a witness away from two Medina police officers who were trying to interview the person.

Hirtreiter also refused to be finger-printed, refused to get out of a the patrol car and be arraigned and was aggressive with the police, Sheldon said during sentencing.

He has already been in jail for about 7 ½ months. He also needs to pay $250 in court surcharges, including a DNA fee.

• A 17-year-old girl from Rochester who pleaded guilty to promoting prison contraband in the second degree won’t have to spend any time in jail.

The girl, who was given youthful offender status, will serve three years on probation. She admitted to trying to pass heroin and Alprazolam (also known as Xanax) to two inmates at the Albion Correctional Facility, a women’s prison, on March 26.

The girl could have faced a maximum of a year in jail. District Attorney Joe Cardone said the girl was taken advantage of by the inmates, including her mother who is incarcerated. Cardone described the girl’s family situation as “horrible.”

Cardone agreed to the youthful offender status, which means the crime won’t go on the girl’s record and her name shouldn’t be made public.

The girl is on the honor roll and told the judge she hopes to become a math teacher.

“I wish the world for her,” Sheldon said during sentencing.

In another case, an 18-year-old from Albion pleaded guilty to third-degree burglary after stealing cigars from a gas station.

Prince Wilson of Platt Street was accepted into a judicial diversion program. If he completes that program, the felony charge will be reduced to a misdemeanor and he will avoid state prison and instead spend three years on probation.

Wilson will be on the diversion program for 18 to 24 months and needs to not break any laws and complete his GED. If he fails at the diversion program, he could be sentenced to a maximum of 2 1/3 to 7 years in prison.

Return to top

Man accused of trafficking heroin to Albion pleads guilty in County Court

By Tom Rivers, Editor Posted 18 December 2017 at 1:35 pm

Leonel Lopez-Sanchez

ALBION – A Rochester man who was arrested in February for allegedly selling heroin in Albion pleaded guilty in Orleans County Court this morning.

Leonel Lopez-Sanchez, 45, faces 3 ½ years in state prison, two years of post-release supervision and possible deportation to Cuba after pleading guilty to attempted criminal possession of a controlled substance in the third degree with intent to sell.

Lopez-Sanchez was arrested on Feb. 16 after an investigation by the Orleans County Major Felony Crime Task Force and a the execution of a search warrant on North Main Street by the Albion Police Department. He has been in the county jail since then on $300,000 bail.

Lopez-Sanchez has no prior felonies, but was convicted of misdemeanor crimes in Miami, the District Attorney’s Office said in a previous court appearance.

Return to top

Miami man, arrested in January at Albion Wal-Mart, pleads guilty to massive fraud

Staff Reports Posted 17 December 2017 at 9:50 am

BUFFALO – One of three men charged with fraud last January at the Albion Wal-Mart has pleaded guilty to conspiracy to commit bank fraud and could face a maximum of 30 years in prison and a $1 million fine.

Yordani Ramirez Salgado, 28, of Miami, Florida, on Friday pleaded guilty to conspiracy to commit bank fraud before Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that on January 18, 2017, the defendant and co-conspirators –Ernesto Alvarez Santos and Abel Garcia Fernandez – flew from Miami, Florida to Hartford, Connecticut.

After arriving in Connecticut, Salgado and Santos rented a car and drove to Hamburg, NY where they re-united with Fernandez. In Hamburg, Fernandez provided the defendant and Santos with numerous counterfeit access devices including gift cards re-encoded with account numbers for actual credit card or debit card accounts at various financial institutions, Bonanno said.

Between Jan. 23 and Jan. 24, 2017, Salgado and Santos used 129 different counterfeit access devices to purchase gift cards at various Wal-Mart stores in Erie, Niagara, and Orleans counties. Upon purchasing the legitimate Wal-Mart gift cards, the defendants transmitted the legitimate gift card numbers by cellular telephone to another co-conspirator, according to the U.S. Attorney’s Office.

In addition, Salgado and Santos possessed an additional 102 different counterfeit access devices, which consisted of gift cards re-encoded with account numbers for actual credit card or debit card accounts at various financial institutions. The account holders of these credit card or debit card accounts did not authorize use of their credit card or debit card account information. The total estimated loss amount is $120,689.02, the U.S. Attorney said.

The scam by the trio was discovered at the Wal-Mart in Albion on Jan. 24. When police approached Salgado, he attempted to flee and resisted arrest.

Salgado was transported to the State Police barracks in Albion for processing on Jan. 24. The other suspects fled the scene in a red Nissan Versa which was given out by the Orleans County Sheriff’s Office.  This vehicle was later located by an off-duty county dispatcher traveling on State Route 98. With the assistance of an Orleans County deputy that vehicle was stopped and Fernandez and Santos were detained and transported to the State Police in Albion.

The case was transferred to U.S. District Court. Santos has previously been convicted and sentenced. The case against Fernandez remains pending.

The plea is the result of an investigation by the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.

Sentencing for Salgado is scheduled for March 5, 2018, before Chief Judge Geraci.

Return to top

2 plead guilty in County Court

By Tom Rivers, Editor Posted 11 December 2017 at 6:20 pm

Lyndonville woman sentenced to 9 months in jail for selling hydrocodone pills

ALBION – Two people pleaded guilty to felonies in Orleans County Court this afternoon.

One of the defendants opted to be sentenced right after her plea. Erlinda Rodriguez-Zuniga, 48, of South Lyndonville Road in Lyndonville admitted to having prescription hydrocodone pills and selling them.

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

As part of a plea deal, Rodriguez-Zuniga faced a maximum of one year in jail. Sara Seldon, acting County Court judge, gave Rodriguez-Zuniga nine months in the local jail. Rodriguez-Zuniga has already served 131 days.

She apologized to the community and her family for the crime. She also had to pay $50 in restitution to the Orleans County Major Felony Crime Task Force, as well as a $375 court surcharge.

Rodriguez-Zuniga faces separate proceeding with U.S. federal probation. She has been on probation after she allegedly smuggled 400 pounds of pot from Mexico in 2013.

In another case, a Cazenovia man pleaded guilty to felony driving while intoxicated and could face up to 6 months in jail and 5 years of probation when he is sentenced on March 12.

Michael E. McKee, 30, of Cazenovia was charged on July 14 in Carlton and had a 0.29 percent Blood Alcohol Content, nearly four times the legal limit.

McKee has a prior DWI in 2012. As part of a plea deal today, he could be forced to pay a fine between $1,000 and $5,000, a state surcharge and will likely be required to have an interlock ignition device in any vehicle he drives for up to a year.

Return to top

Task Force seizes crack cocaine from Albion man on parole

Staff Reports Posted 11 December 2017 at 12:50 pm

Kenneth Thompson

ALBION – The Orleans County Major Felony Crime Task Force charged an Albion man with one count of criminal possession of a controlled substance in the third degree, a class B felony.

Kenneth L. Thompson, 52, of 135 North Main St., Room 3, allegedly had crack cocaine packaged for sale in his room, the Task Force said today. Thompson was charged on Friday after an investigation into the sale and distribution of crack cocaine. Thompson is currently on New York State Parole for a previous drug conviction.

The Task Force worked with the Albion Police Department and NYS Division of Parole in the investigation.

Thompson was arraigned by Albion Town Justice Joseph Fuller, who had Thompson committed to the Orleans County Jail without bail due to his previous criminal history. Thompson is to appear in Town Court at 9 a.m. on Dec. 13.

A parole detainer has been filed with the County Jail by the NYS Division of Parole. The Task Force said additional charges are pending in the case.

(Update 3:42 p.m.)  Thompson appeared in Orleans County Court this afternoon on a bail hearing. Sara Sheldon, the acting County Court judge, set bail at $50,000, which was the requested amount by District Attorney Joe Cardone. The DA said Thompson has five prior felonies, several misdemeanor crimes, and previous probation and parole revocations.

Sheldon agreed to the $50,000 bail, citing Thompson’s criminal history as well as out-of-state ties in Florida.

Return to top

Judge rejects sentencing agreement for man who allegedly drove drunk into canal in August

By Tom Rivers, Editor Posted 5 December 2017 at 11:35 am

Provided photo: Lee Farley stands on a black pickup truck as it sinks in the Erie Canal on Aug. 17.

ALBION – A Niagara Falls man appeared in Orleans County Court on Monday, facing charges of driving while intoxicated, aggravated DWI and reckless driving after he drove into the Erie Canal in Medina on Aug.17.

Lee Farley was observed driving erratically on North Gravel Road from Ridge Road to the canal. He just missed hitting the lift bridge and utility poles by the canal. He took out a traffic sign and plunged into the canal with a black pickup truck.

He had the window down in the driver’s door and was able to get out. He was standing on the truck as it sank into the water.

Sara Sheldon, acting Orleans County Court judge, rejected a sentencing agreement in the case on Monday. Farley and his attorney, Johnny Destino, will be back in court on Dec. 18. Destino and District Attorney Joe Cardone will discuss a plea with a maximum sentence in the case and see if an agreement can be worked out.

(Editor’s note: An earlier version of this article said Judge Sheldon rejected a plea offer in the case, but she instead rejected a sentencing agreement.)

In two other cases on Monday, two women were sentenced for petit larceny for their roles in a truck break-in and the theft of $8,000 from that vehicle in Clarendon on Oct. 19, 2016.

Brionnah L. Raglan, 21, of Medina avoided jail and probation in the case. Sheldon sentenced Raglan to a conditional discharge. Raglan has paid $4,000 in restitution, even though she said she only received $20 in the theft.

Raglan told the judge she agreed to the restitution “to get it off my chest.” Raglan is working 60-65 hours a week at two jobs.

Jade Fayko, 21, of Holley also avoided jail, but was sentenced to three years of probation. She was ordered to pay $100 a month in restitution until she pays $2,666, or one third of the $8,000 that was taken.

A third defendant in the case, Devon Robinson of Rochester was previously sentenced to six months in jail for smashing the window of the truck and taking the money.

Robinson, 23, will also be on probation for five years after pleading guilty to fourth-degree grand larceny.

Return to top

Albion man who sexually abused disabled girl 2 decades ago will be released next month

By Tom Rivers, Editor Posted 4 December 2017 at 9:26 pm

James Powless assessed as level 3 sex offender

ALBION – An Albion man who sexually abused a 14-year-old disabled girl about two decades ago will be released from state prison next month.

James Powless, 63, has been in prison for the past 17 ½ years. He is currently an inmate at the Wyoming Correctional Facility in Attica. He will be released on Jan. 19 after serving most of a 20-year sentence for first-degree sodomoy.

Today there was a hearing to determine what level sex offender Powless will be on the Sex Offender Registration Act. Sara Sheldon, the acting Orleans County Court Judge, assessed Powless as a level 3 offender, the highest risk possible. He will also be a registered sex offender the rest of his life.

Powless declined to attend the hearing. The judge, in giving him the highest risk level, noted that Powless made video recordings of himself raping a girl on multiple occasions. Powless also has a history of alcohol abuse and has attended a substance abuse support group. The judge said Powless has accepted responsibility for the crime.

His address after he is released from prison isn’t known at this time.

Return to top

Woman with multiple DWIs sentenced to state prison

By Tom Rivers, Editor Posted 4 December 2017 at 6:22 pm

ALBION – A Geneseo woman who was charged with four DWIs in three months was sentenced to state prison today in Orleans County Court.

Sharon Davis, 54, was charged with driving while intoxicated on April 21 in Barre when she registered a 0.26 percent Blood Alcohol Content.

She pleaded guilty on Aug. 28 to felony DWI in Orleans County. She faced a maximum sentence of 2 1/3 to 7 years in state prison. The plea includes a second DWI in Batavia on May 15. The sentences for the DWIs in Orleans and Genesee are together, but Davis will be prosecuted separately for the two more recent DWIs in Livingston County.

Sara Sheldon, the acting County Court judge, sentenced Davis to 1 1/3 to 4 years in prison. Her attorney, Christian Kennedy, asked for local jail and five years of probation.

Kennedy said Davis has already spent about six months in jail. He said Davis turned to alcohol to cope with the recent deaths of her mother and a friend.

“She has an alcohol problem,” Kennedy said. “Throwing her into state prison won’t address that.”

Davis spoke during sentencing and said she is taking responsibility for the crime.

The judge said Davis is unlikely to get a driver’s license again. But that doesn’t mean the public can be guaranteed she won’t drive.

Davis has six DWIs altogether, including two cases that are pending in Livingston County. The judge in Livingston may add additional prison time for Davis, have the sentences run at the same time, or consider some local jail or probation for Davis.

Of the four recent DWIs all were with BACs at 0.18 percent or higher, more than twice the legal limit. (Davis also has two other prior DWIs in 2007 in Livingston County and 2008 in Monroe County.)

“I’m putting you in state prison,” Sheldon told Davis. “I can’t have you on the road because you might kill somebody. I hope to God you don’t kill someone or then you’ll be in here on a manslaughter charge.”

Return to top

Holley man gets 5 years in prison for sexual contact with young girl

By Tom Rivers, Editor Posted 27 November 2017 at 7:13 pm

ALBION – A Holley resident was sentenced to five years in state prison for first-degree sexual abuse.

David L. Durbano, 32, of Ridge Road admitted to sexual contact with a girl under age 11 in April.

The charge normally carries a maximum sentence of 2 to 7 years in state prison. As part of a plea deal, Durbano faced up to 5 years in prison when he was sentenced today.

Sara Sheldon, the acting Orleans County Court judge, gave him the maximum of five years in the plea agreement, as well as a maximum of 10 years of post-release supervision.

Durbano’s attorney Dominic Saraceno said Durbano has accepted responsibility for the crime and accepted the plea deal to avoid a painful trial for the victim.

“He is extremely ashamed and embarrassed by what he did,” Saraceno said during sentencing today.

Durbano apologized for the crime and told the judge he didn’t have any explanation for why he committed the sexual crimes.

“I’m very sorry for what I did,” he told Judge Sheldon.

“How does a man do this?” the judge asked him.

“I don’t know,” Durbano replied.

He also needs to pay a $1,000 crime victim fee and $425 court surcharge.

Durbano will be a registered sex offender when he is released from prison.

Two people pleaded guilty in other cases in court today:

• Joshua Biaselli, 33, of Albion pleaded guilty to felony driving while intoxicated and faces a maximum of 1 1/3 to 4 years in state prison when he is sentenced on Feb. 26.

Biaselli allegedly stole a car and drove while under the influence of alcohol and drugs on Feb. 10. Biaselli also 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. About a month later, he was arrested again.

Judge Sheldon urged him to take advantage of education and drug counseling programs while he is in jail until his sentencing.

If he shows progress, Sheldon told Biaselli today she would consider giving him less than the maximum when he is sentenced.

“Some people would say you are difficult,” the judge told Biaselli. “I wouldn’t say that. I think you’ve had a hard life. You’re 33. It’s time to be a man and pull yourself up by your bootstraps.”

• Shanya Beasley, 39, of Kingston Street in Rochester admitted she had cocaine with the intent to sell it in Orleans County on April 18.

She pleaded guilty to attempted criminal possession of a controlled substance in the third degree, and faces a maximum of 1 to 5 ½ years in state prison, plus 1 to 2 years of post-release supervision when she is sentenced on March 12.

Return to top

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.

Return to top

error: Content is protected !!