Batavia man, 35, sentenced to state prison for sex with girl, 14

By Tom Rivers, Editor Posted 2 March 2015 at 12:00 am

ALBION – A Batavia man was sentenced to 1 ½ years in state prison today for attempted rape in the second-degree.

Christopher Bucci, 35, of Batavia admitted he had sex with a 14-year-old girl on Dec. 28, 2013. He faced a maximum of 1 ½ to 4 years in state prison.

Orleans County Court Judge James Punch gave Bucci, who had no prior criminal record, 1 ½ years in prison. The judge said the crime could have a long-term impact on the victim, who was given an order of protection.

“The damage is rarely apparent right away,” Punch said during sentencing.

Bucci apologized to the victim.

“I am very remorseful for what I did,” Bucci said at sentencing. “I wish I could take it back but I know I can’t.”

Bucci’s attorney Nathan Pace asked for weekends in jail for Bucci, who has shown “complete remorse,” Pace said, more than any other client he’s worked with in 22 years with similar charges.

Punch said a weekend sentence “diminishes” the crime and long-term impact on the victim.

In another case, an Albion man was sentenced to a year in jail for driving while intoxicated.

James J. Bartosik, 46, of Albion was charged with felony DWI on Sept. 12 in the village. He has three prior convictions for DWI or driving while ability impaired, District Attorney Joe Cardone said.

Bartosik’s attorney Thomas Calandra asked that Bartosik be sentenced to weekends in jail so he could keep his job and be active with his son.

“He is a very good worker,” Calandra said. “But he has a very bad drinking problem.”

Bartosik apologized to the court and his friends and family for the DWI.

“I know I have a drinking problem,” he said at sentencing. “I’m trying to understand how to cope with things in the right way.”

Punch said Bartosik has been on Probation three times. The judge said he couldn’t in good conscience give Bartosik Probation and weekends in jail with a chance for a fifth DWI or DWAI.

Bartosik’s sentence also includes a three-year conditional discharge after jail. Bartosik also must use an interlock ignition device that measures his BAC.