county court

Albion man sentenced to more than 10 years in prison for child pornography

Posted 22 September 2023 at 10:14 pm

Press Release, U.S. Attorney Trini E. Ross, Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that Anthony J. Alello, Jr., 32, of Albion, who was convicted of possession of child pornography, was sentenced to serve 132 months in prison and 35 years of supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in January 2022, an undercover FBI agent began communicating with Alello online using the Kik application. During these communications, Alello sent the agent links to cloud storage folders that contained child pornography.

One folder contained approximately 2,484 videos of child pornography, and another folder contained approximately 45 videos of child pornography.

On March 24, 2022, the FBI executed a search warrant at Alello’s residence and seized his cellular telephone. A subsequent forensic examination recovered approximately 1,744 images and six videos of child pornography, some of which depicted pre-pubescent children and violence against children.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Albion Police Department, under the direction of Chief David Mogle, and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.

Kendall man sentenced to prison for damaging jail, obstructing breathing

By Tom Rivers, Editor Posted 13 September 2023 at 5:44 pm

ALBION – A Kendall resident was sentenced to 1 to 3 years in state prison today by Orleans County Court Judge Sanford Church.

Brandon J. Baker, 32, pleaded guilty to criminal mischief in the third degree for causing $651 in damage to a sink and faucet in the county jail. He received 1 to 3 years for that crime.

He also pleaded guilty to obstruction of breathing and received 364 days in the county jail, which will be satisfied with the state prison time.

Baker used his forearm to pin a woman against a wall, making it difficult for her to breathe.

That woman spoke at the sentencing, and asked the judge to give Baker the maximum sentence. She said she fears for her safety with Baker. The judge issued an order of protection for her until 2034.

“He is not a nice man,” the victim told the judge during sentencing. “He can’t go around in society taunting people for fun.”

Baker said he has anger issues and has been taking anger management classes while in the jail. He apologized to the victim, and also to the county for the damage in the jail.

In other cases:

• Cassandra McGuire, 33, of Albion pleaded guilty to criminal possession of a controlled substance in the fifth degree. She admitted she had cocaine on June 18, 2020 with the intent to sell it.

She is a first-time felony drug offender. She faces a maximum of 1 to 2 ½ years in state prison when she is sentenced on Nov. 15.

Albion man sentenced to 10 years in prison for child pornography

Posted 23 August 2023 at 3:50 pm

Press Release, United States Attorney’s Office, Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that Spencer Hart, 39, of Albion, who was convicted of possession of child pornography involving a prepubescent minor and having a prior conviction under the laws of any state relating to the possession or receipt of child pornography, was sentenced to serve 120 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Maeve E. Huggins, who handled the case, stated that in October 2018, Hart was convicted in Orleans County Court of attempted possession of an obscene sexual performance by a child.

On July 16, 2020, a search warrant was executed at Hart’s residence and child pornography was found on a computer belonging to Hart. In total, Hart possessed more than 600 images of child pornography, some of which included prepubescent minors and depicted violence against children. Hart also admitted that he distributed child pornography using a peer-to-peer software program in June 2020.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Orleans County Sheriff’s Office, under the direction of Sheriff Christopher Bourke.

Medina man pleads guilty to grand larceny, faces likely prison sentence

By Tom Rivers, Editor Posted 2 August 2023 at 12:15 pm

ALBION – A Medina man pleaded guilty to grand larceny in the fourth degree and admitted to taking saw blades and other merchandise from Ace Hardware in Albion that is valued at $1,190.40.

Brett Holt, 32, is a second felony offender and will face 1 ½ to 3 years in state prison when he is sentenced on Oct. 25. The charge for a second felony offender carries a 2- to 4-year sentence. With the plea, Holt will get some leniency in the sentencing.

If Orleans County Court Judge Sanford Church insists on the 2- to 4-year sentence, Holt can rescind his plea and go to trial.

Holt is currently in Niagara County Jail. He faces other more serious charges in Niagara County after allegedly stealing a car which was recovered in April by the Medina Police Department at Pride Pak in Medina.

In other cases in Orleans County Court today:

• Travis Bloom, 30, of Medina was sentenced to weekends in jail over 364 days for criminal contempt in the first degree. Bloom called a person eight times when he was in the county jail and that person had an order of protection from him.

• Terrance Hare, 55, of Medina was arraigned on felony driving while intoxicated. He was charged on June 9 in Ridgeway.

• Kaila Rivera, 34, of Rochester was arraigned on third-degree and fourth-degree grand larceny for allegedly stealing a 2003 pickup truck and construction tools valued at $6,500. She is currently in the Monroe County Jail.

Brockport woman gets state prison for driving while ability impaired

By Tom Rivers, Editor Posted 26 July 2023 at 3:06 pm

ALBION – A Brockport woman was sentenced to 1 to 3 years in state prison today by Orleans County Court Judge Sanford Church.

Taneesha Diltz, 32, was driving with her ability impaired by drugs on Feb. 11. She was stopped in the Town of Murray on Ridge Road. She also kicked an Orleans County deputy. She was charged with third-degree assault and sentenced to up to 364 days in the county jail for that crime, which will satisfied as part of her state prison sentence.

Her license was revoked for a year and she must use an interlock ignition device for three years when she is released. That device measures her Breath Alcohol Content.

In other cases:

• Haleigh Felton, 27, was sentenced to 10 years of probation for bringing pills into the Orleans Correctional Facility.

She said she brought the pills into the prison “By mistake.” She doesn’t have a prior criminal record.

• Noah Rowlett, 21, formerly of Albion rejected a plea offer and will go to trial on either Aug. 25 or Set. 18 for second-degree rape. He allegedly had sex with an underage female last summer.

Rowlett, now of Arkansas, was offered a plea deal of attempted rape in the second degree with no sentencing promises.

• Wade Murphy, 50, of Clarendon was arraigned on four counts of criminal possession of stolen property 3rd degree, one count of criminal possession of stolen property 4th degree, and criminal possession of a weapon 4th degree.

He allegedly had a stolen UTV, zero-turn lawn mower, utility trailer, jet ski, and a large tow behind camper. Some items were also modified to conceal or remove vehicle identification numbers.

Judge Church continued $50,000 cash bail or $250,000 bond that was set in a lower court.

Murphy’s codefendant also was arraigned in county court.

• Jennifer T. Sportsman, 48, of Clarendon also faces four counts of criminal possession of stolen property 3rd degree and criminal possession of stolen property 4th. She was released on her own recognizance.

• Xavier Hand, 26, of Medina was arraigned after being charged for the sale and distribution of fentanyl pills disguised as prescription oxycodone pills. He also allegedly disguised Xanax bars and high-grade marijuana, the Orleans County Major Felony Crime Task Force reported in February.

Law enforcement seized 114 fentanyl pills disguised as Oxycodone pills, over 2,000 disguised Xanax bars, over a half of pound of Psilocybin mushrooms, over 14 pounds of high-grade marijuana, over $156,000 in cash, a loaded .40 caliber semi-auto pistol, scales, numerous packaging material and other drug paraphernalia.

Hand today was arraigned on two counts of criminal possession of a controlled substance in the third degree, CPCS in the fourth degree, CPCS in the fifth degree, criminal possession of a weapon in the second degree and criminal possession of cannabis in the first degree.

Hand’s bail remains at $2,000 in cash or bond, which he has posted.

Medina man sentenced to 8 years in prison for burglary

By Tom Rivers, Editor Posted 14 July 2023 at 12:18 pm

ALBION – A Medina man was sentenced to eight years in state prison by Orleans County Court Judge Sanford Church.

Jakob Bishop, 25, pleaded guilty to first-degree attempted burglary. He entered a home without permission and cut two people with a knife in a scuffle inside the house.

Bishop has a previous violent felony conviction. He was sentenced by the judge during court last week.

In other cases:

• Mark Bennett, 35, of Albion was sentenced to 1 ½ to 3 years in state prison after pleading guilty to possessing a sexual performance by a child. Bennett was charged by state police on March 5 after police determined he had possessed child pornography.

• Trey Hart, 25, of Albion was sentenced to five years of probation and no jail time for aggravated criminal contempt in the first degree. Hart during a May 10 court appearance admitted to violating an order of protection and having physical contact with a woman he was supposed to stay away from. Hart allegedly struck a woman, causing severe bruising on her eye and putting her in pain for weeks, said Susan Howard, the county’s first assistant district attorney.

• Brandon Baker, 32, of Kendall pleaded guilty to criminal mischief in the third degree and intimidating a witness in the third degree. He faces up to 1 to 3 years in state prison when he is sentenced on Sept. 13.

Fentanyl dealer who operated in Medina pleads guilty, faces minimum 10 years in prison

Posted 13 July 2023 at 3:18 pm

Press Release, Western District of New York U.S. Attorney Trini E. Ross

ROCHESTER – U.S. Attorney Trini E. Ross announced today that Ebony Shine, 37, of Rochester pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl, which carries a minimum penalty of 10 years in prison, a maximum of life, and a $10 million fine.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Shine was arrested on November 15, 2022, after investigators executed federal search warrants at her residence on Post Avenue in Rochester and several other locations.

During the search of Shine’s residence, approximately $4,506.00 in U.S. currency, drug paraphernalia, three firearms, and over 100 rounds of ammunition, were recovered. On 12 occasions between October 2021, and November 15, 2022, at locations in Medina and Rochester, Shine sold over 440 grams of fentanyl, 119 grams of cocaine, and a 9mm pistol to an individual working with law enforcement. Shine supervised the distribution of quantities of fentanyl by her sons and co-conspirators, Emmanual Taylor, and Nasir Shine.

Taylor and Nasir Shine were previously convicted and are awaiting sentencing, which is scheduled for Nov. 2 at 9:15 a.m. before Judge Siragusa.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.

The plea is the result of an investigation by the Orleans County Major Felony Crime Task Force, under the direction of the Orleans County District Attorney’s Office and District Attorney Joseph Cardone, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Orleans County Sheriff’s Department, under the direction of Sheriff Christopher Bourke, the Medina Police Department, under the direction of Chief Chad Kenward, the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Rochester Police Department, under the direction of Chief David Smith.

Rochester man charged with producing child porn, allegedly filmed people in bathroom at church in Orleans

Posted 3 June 2023 at 8:04 am

Press Release, United States Attorney Trini E. Ross, Western District of New York

Stephen Nicot

ROCHESTER – U.S. Attorney Trini E. Ross announced on Friday that Stephen Nicot, 60, of Rochester was arrested and charged by criminal complaint with  production and possession of child pornography, which carry a minimum penalty of 15 years in prison and a maximum of 30 years.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in July 2022, the Monroe County Sheriff’s Office received information that Nicot had cameras hidden in a bathroom of his residence.

The Sheriff’s office subsequently executed a search warrant at the residence, seizing a USB drive, cell phones, an SD card, and a laptop. A forensic review of the items seized recovered numerous photographs and videos depicting young boys and adult men nude. Some of the videos depicted young boys and adult men showering.

Investigators believe some of the videos were taken by the camera hidden in Nicot’s bathroom. In addition, investigators have identified videos that they believe were taken by a camera that Nicot hid in a bathroom, that included a shower, in an Orleans County church. The investigation has identified five victims.

Anyone with information regarding this case is asked to call the Federal Bureau of Investigation at 1-585-546-2220.

The arrest is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter and the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction Special Agent-in-Charge Matthew Miraglia.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

2 are sentenced to incarceration by county court judge

By Tom Rivers, Editor Posted 31 May 2023 at 11:51 am

ALBION – Two women were sentenced to incarceration in Orleans County Court today by Judge Sanford Church.

Imani Williams, 33, an incarcerated woman at the Albion Correctional Facility, received a sentence of 1 ½ to 3 years in state prison for attempted assault in the second degree.

Williams pleaded guilty to the charge on March 22 and admitted she struck another inmate with her hand after being pushed by that inmate in the Albion Correction Facility. That person suffered facial lacerations and an orbital fracture, and suffered substantial pain from the injuries, said Susan Howard, assistant district attorney.

The judge issued an order of protection for the victim. Kathleen Casey, Williams’ attorney, said Williams has expressed her remorse and has been taking anger management classes.

The sentence will be served after Williams complete her current sentence in state prison for attempted robbery in the second degree.

Kreisandra Colon, 32, of Lyndonville was sentenced to 364 days in county jail for endangering the welfare of a child. She allegedly had been using drugs in front of a child.

She was terminated from a treatment court option after failing to meet conditions of the court. She acknowledged she used cocaine and attempted to bring in urine for a drug test so her urine wouldn’t show she had been using cocaine.

Colon said during a March 29 court appearance that she wants to stop using drugs, but has struggled.

In another case in county court, the sentencing of Joe A. Cortez, 40, of Batavia was delayed so Cortez could have a psychological evaluation. His attorney, Frederick Rarick, made the request which was supported by District Attorney Joe Cardone and ordered by Judge Church. Rarick said an evaluation by a phycologist may determine that Cortez is incompetent.

Cortez faces up to nine months in the county jail for second-degree criminal contempt for violating an order of protection.

Cortez is currently in Genesee County Jail. He faces first-degree rape and third-degree rape in Genesee County for allegedly having forcible sexual intercourse with a juvenile victim under the age of 17.

Rochester woman sentenced to probation for possession of stolen car in Medina

By Tom Rivers, Editor Posted 24 May 2023 at 12:38 pm

MEDINA – A Rochester woman who was driving a stolen car and crashed into a fence in Medina was sentenced to three years of probation today in Orleans County Court.

Alivia Williams, 20, also will have to pay $2,597 in restitution within six months for the fence that was destroyed.

“She was in a very stressful situation that day and made a very bad decision,” her attorney Jeffrey Mallaber told County Court Judge Sanford Church.

Williams was driving her mother to Medina Memorial Hospital when Williams crashed into the fence.

Williams told the judge she is learning a trade and is committed to doing better.

The judge noted she has a parole violation and a criminal history, but he said he would give her one more chance to make changes through probation, and not incarceration. She was sentenced on the charge of criminal possession of stolen property in the fifth degree.

In another case, Joe A. Cortez, 40, of Batavia was scheduled for sentencing and faced up to nine months in the county jail for second-degree criminal contempt for violating an order of protection.

However, his attorney Frederick Rarick requested the sentencing be delayed so he could review a psychological examination of Cortez that was ordered in Genesee County Court. Cortez faces first-degree rape and third-degree rape in Genesee County for allegedly having forcible sexual intercourse with a juvenile victim under the age of 17.

Judge Church pushed back the sentencing for Cortez until May 31.