county court

Medina man sentenced to jail, probation for driving drunk in crash that killed his brother

By Tom Rivers, Editor Posted 3 January 2024 at 1:10 pm

ALBION – A Medina man was sentenced today to six months in the Orleans County Jail and five years probation for driving recklessly and drunk on May 8 in a crash that resulted in the death of his brother.

Todd Sands, 57, was apologetic and remorseful in court this morning before Judge Sanford Church.

“I take full responsibility for what happened,” Sands said during sentencing. “I caused a lot of damage for my brother’s wife, children and grandchildren who will never be able to see him again.”

Todd Sands was driving up to 94 miles per hour on Route 31A when he went off the road and struck a tree. Both he and his brother were ejected from the vehicle with Timothy Sands killed in the crash.

Todd Sands is disabled from injuries from the accident, his attorney Gregory Colavecchia said. He asked that Sands not be incarcerated and be sentenced to probation.

“He accepts responsibility,” Colavecchia told Judge Church. “Internally, emotionally and mentally he is serving a life sentence.”

Colavecchia submitted letters to the court that sought leniency for Sands. The widow of Timothy Sands also sent in a letter, asking for treatment and counseling for Todd Sands, and not jail.

District Attorney Joe Cardone said incarceration was warranted given that Todd Sands “was driving in a very reckless manner.” Cardone said other motorists were endangered that day.

The district attorney said Sands has three prior DWIs, but none since 2002.

Judge Church in his sentence noted that Sands had a BAC of 0.175 percent, more than double the legal limit, and also tested positive for THC, while driving more than 90 miles per hour without wearing a seatbelt.

Medina woman sentenced to jail for violating probation

By Tom Rivers, Editor Posted 20 December 2023 at 5:03 pm

ALBION – A Medina woman was sentenced to six months in the Orleans County Jail today by Judge Sanford Church for violating her probation.

Erica Davis, 35, also faces a new charge of criminal possession of a controlled substance in the fifth degree. She is next to appear in County Court on Jan. 3.

She was on probation for criminal contempt in the first degree for intimidating a witness and also for resisting arrest. She admitted today in court to possessing crack cocaine, drug paraphernalia and to resisting arrest.

Judge Church found those to be significant violations of her terms of probation and sentenced her to six months in the county jail.

Davis also was charged in October for allegedly selling crack cocaine in Medina along with codefendant Demarques “Dutch” Underwood. He pleaded guilty on Nov. 15 to criminal possession of a controlled substance in the third degree and could face up to six years in prison when he is sentenced on March 6.

In other cases in County Court today:

• District Attorney Joe Cardone made a plea offer to Erika Poole, 43, of Medina to plead guilty to criminal sale of a controlled substance in the third degree and face up to eight years in state prison as a second felony offender.

Cardone said Poole is facing her fourth felony drug charge. She is accused of allegedly selling more than a half ounce of cocaine.

Her attorney asked for time to consider the offer. Poole is next scheduled to appear in court on Jan. 3.

• A Rochester man who allegedly tried to bring cocaine and fentanyl into the Orleans Correctional Facility had his sentencing pushed back until Jan. 10.

Lavar Green, 46, faces 2 to 4 years in prison for attempted promoting prison contraband in the first degree. He allegedly brought the drugs to the state prison in Albion on Nov. 12, 2022.

Green is a second-felony offender and previously served 15 years in prison for first-degree robbery, from 2004 to 2019.

Albion man sentenced to state prison for burglary, criminal contempt

By Tom Rivers, Editor Posted 6 December 2023 at 11:00 am

ALBION – An Albion man was sentenced today to 2 to 4 years in state prison for third-degree burglary and two counts of criminal contempt in the first degree.

Patrick Allen, 41, of Albion on Sept. 20 pleaded guilty to the charges and admitted to entering a trailer with the intent to commit a crime on West State Street on Feb. 21, 2023. He also twice had contact with someone who had an order of protection against him.

As part of a plea agreement, he was given a reduced sentence from a maximum of 3 ½ to 7 years in prison.

He was sentenced today by Orleans County Court Judge Sanford Church.

In another case today, Medina native Erika Poole, 43, was arraigned for criminal sale of a controlled substance in the second degree for allegedly selling more than a half ounce of cocaine, which makes it an A-2 felony.

District Attorney Joe Cardone said Poole should be considered a persistent felon for her prior criminal history, which includes criminal sale and possession of a controlled substance. Cardone asked for bail, and Judge Church set it at $5,000 in cash and $25,000 bond.

Albion man pleads guilty to DWI with child in vehicle

By Tom Rivers, Editor Posted 29 November 2023 at 1:08 pm

ALBION – An Albion man pleaded guilty in Orleans County Court this morning to aggravated driving while intoxicated and could face up to 6 months in the county jail, as well as 5 years of probation when he is sentenced on Jan. 31.

Brandon Woodhams, 31, said in court today he had been drinking and his ability to drive was impaired on Aug. 10 in Gaines, when he had a child under age 15 with him.

Woodhams was given a breathalyzer and recorded a 0.23 percent BAC, about three times above the legal limit for DWI.

In other cases:

• Cal Share of Kendall was sentenced to a year in the county jail by Judge Sanford Church.

Share admitted to violating his probation in a previous court appearance. He is on probation for driving while intoxicated.

He admitted to drinking alcohol on several occasions including twice when his ignition interlock device indicated he had been drinking, for failing to report to probation on six occasions, for having an adulterated urine sample and for not doing any of his community service.

Public Defender Joanne Best presented three letters of support for Share, providing testimonials to his good character as an employee, friend and family member.

Judge Church said Share has been on probation three times. He noted that Share tried to deceive Probation with an adulterated urine sample.

• Angel Marrero, 46, of Rochester was arraigned on three different alleged burglaries, with two in Clarendon and one in Murray. Those burglaries allegedly happened in June and July.

He was arraigned on two counts of burglary in the second degree, one count of grand larceny in the third degree for stealing property worth $6,700, one county of grand larceny in the fourth degree for taking property worth $2,000, one county of petit larceny and two counts of criminal mischief in the fourth degree.

The judge set bail at $10,000 cash or $20,000 bond.

• Kevin McEwen, 41, of Kendall was arraigned on charges of second-degree criminal possession of a weapon, second-degree criminal use of a firearm, and second-degree menacing.

McEwen allegedly fired two rounds from a Glock near a person on Sept. 18 in Kendall, not intending to hurt the person but make the person scared. He has already posted $1,000 cash bail.

Medina man pleads guilty to intent to sell cocaine, could face 6 years in prison

By Tom Rivers, Editor Posted 15 November 2023 at 11:05 am

ALBION – A Medina man admitted in Orleans County Court this morning that he had cocaine with the intent to sell it.

Demarques “Dutch” Underwood, 34, was charged last month along with Erica Davis, 35, after police seized over 40 baggies of crack cocaine, $3,400 in cash, scales, numerous packaging material and other drug paraphernalia.

Underwood pleaded guilty in court today to criminal possession of a controlled substance in the third degree.

He will be sentenced on March 6.

In other cases in court this morning:

• Cassandra McGuire, 33, of Albion was sentenced to four months of weekends in the Orleans County Jail plus five years of probation.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree on Sept. 13. She admitted she had cocaine on June 18, 2020 with the intent to sell it.

She is a first-time felony drug offender. She could have faced up to 1 to 2 ½ years in state prison.

Her attorney, Scott Stopa, said McGuire has made many positive changes in her life. He asked for no jail time.

Judge Sanford Church said he will give someone incarceration if they have been selling drugs, which he said McGuire did multiple times.

She also has to pay $550 in restitution to the Orleans County Major Felony Crime Task Force, and $425 for court, DNA and crime victims’ fees.

• Alonzo Jorge of Holley pleaded guilty to attempted criminal mischief in the second degree. He used an ax to break windows and cause damage to a Silverado truck on Aug. 24. Jorge admitted to causing the damage on Aug. 24, which is estimated at $1,531.

He faces a maximum of 1 to 3 years in state prison when he is sentenced on Jan. 17.