Albion man sentenced to prison for DWI

By Tom Rivers, Editor Posted 22 February 2016 at 12:00 am

ALBION – An Albion who was charged with driving while intoxicated on July 25 in Medina was sentenced to 1 to 3 years in state prison today.

John L. Sunday Jr., 46, of Crandall Road registered a Blood Alcohol Content of 0.19 percent, more than twice the legal limit of .08 percent. He has a prior DWI conviction in Ridgeway from Aug. 23, 2010.

Sunday has a criminal record going back to the 1980s, but his attorney Dominic Saraceno said Sunday “has the potential to be a law-abiding citizen.” Sunday went 13 years without an arrest in one stretch, Saraceno said.

He also noted Sunday had been on probation four times before and completed three of his probations without a violation.

Orleans County Court Judge James Punch said Sunday represents a danger to public.

“You were driving very drunk and very erratically,” Punch said this afternoon during sentencing. “I’m afraid you’re going to kill somebody on the streets.”

The judge also fined Sunday $525, revoked his license for a year and required him to install an interlock ignition device in the future that will measure his BAC when he starts a car.

In other cases today:

A Medina man accused of manufacturing and distributing methamphetamine in Orleans County was arraigned on additional charges today.

Joshua L. Miller, 35, of 4706 East Shelby Rd., was arraigned in County Court on Dec. 14 for criminal possession of a controlled substance in the second degree, unlawful manufacturing of methamphetamine in the third degree, and criminal possession of precursors of methamphetamine.

Today he was arraigned on four counts of both criminal possession and criminal sale of a controlled substance in the fifth degree.

Judge Punch increased Miller’s bail from $100,000 to $150,000. Miller has a prior felony and five prior misdemeanors.

A Barre resident on probation after being convicted of first-degree sexual abuse pleaded guilty to violating his probation and could face up to 7 years in state prison.

Joseph A. Smith, 21, of 4750 Oak Orchard Rd. was convicted in Ontario County for first-degree sexual abuse on Nov. 15, 2011. He allegedly had sexual contact with a child less than 11 years old.

He admitted today to violating his probation by leaving the area in a visit to Alabama without notifying probation, consuming alcohol on another occasion, meeting unsupervised with a 17-year-old girl, contacting a 17-year-old girl through social media, and being discharged from a sex offender program for noncompliance due to the drinking violation.

Judge Punch said those represent “substantial violations” to Smith’s probation. Smith will be sentenced on March 28 at 2 p.m.