county court

During assault trial, Albion man pleads guilty

By Tom Rivers, Editor Posted 18 May 2018 at 2:21 pm

Wesley Askew facing about a decade in prison when he is sentenced Aug. 20

Wesley Askew

ALBION – An Albion man on trial for first- and second-degree assault after allegedly nearly killed another man accepted a plea offer on Tuesday, the start of the second week of the trial.

Wesley Askew, 50, pleaded guilty to attempted assault in the second degree. That charge carries a maximum of 2 to 4 years in prison.

However, Askew was on parole during the incident last June 9. He will be sentenced for seven years in prison that are remaining in his post-release supervision. Plus, the 2 to 4 years will likely be added to the sentence, meaning he could get 9 to 11 years in his sentence, said District Attorney Joe Cardone.

Askew has been in the county jail on $250,000 bail after he allegedly seriously injured another Albion man on June 9 during a late-night fight at 175 North Main St., an apartment building north of the Erie Canal.

Askew allegedly got into an altercation at 1:45 a.m. and allegedly punched another man several times, causing serious head injuries.

Joseph Julyan, 54, tried to intervene when Askew got in an argument with his girlfriend. Askew testified he was upset that Julyan didn’t mind his own business, Cardone said.

Askew allegedly punched Julyan five to seven times in the head. Julyan got to his feet, but fell and hit his head on concrete.

Julyan suffered a stroke and has some paralysis on his right side.

It is difficult, however, for a doctor to pinpoint if Julyan’s injuries were caused by the punches from Askew or when Julyan fell and hit his head, Cardone said.

The DA checked with Julyan and his family if they were OK with the plea deal and they said yes.

Askew will be sentenced on Aug. 20.

He was released from prison in late 2015 after being convicted in May 2009 for second-degree rape. He is a level 3 sex offender, the highest possible risk for re-offending.

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4 from Rochester are charged with spike in drug overdoses in Orleans County

Staff Reports Posted 17 May 2018 at 3:29 pm

ALBION – Four people have been charged for selling drugs that law enforcement officials believe are responsible for the recent spike of fatal and non-fatal drug overdoses in Orleans County.

Giovanni M. Serrano

The Orleans County Major Felony Crime Task Force has identified a group of individuals and locations  in the City of Rochester, where quantities of the lethal drug fentanyl, also known as “gray death,” have been sold to many people from Orleans County, the Task Force said this afternoon.

In the investigation, the Task Force worked with the Greater Rochester Area Narcotics Enforcement Team (G.R.A.N.E.T)., the Rochester Police Department Tactical Unit, ICE/Homeland Security investigations and the Albion Police Department. The agencies executed three search warrants in the City of Rochester and arrested four people on numerous drug charges. One of the individuals was a 15-year-old boy.

Carlos Serrano

Police executed search warrants at 46 Conkey Ave., 79 Avenue B. and 45 Radio St., all in the city of Rochester, and seized 37 grams of fentanyl, 6 grams of heroin, marijuana, over $7,000 in cash, scales, packaging and other drug paraphernalia.

Police arrested:

• Giovanni M. Serrano, 19, was charged with 13 counts of criminal sale of a controlled substance in the third degree (class B felonies). Serrano is currently on probation for a violent felony regarding a weapons charge in Monroe County, according to a news release from the Task Force.

• Carlos Serrano, 21, was charged with 3 counts of criminal sale of a controlled substance in the third degree.

Nelvin Raul Martinez

• Nelvin Raul Martinez, 18, was charged with 3 counts of criminal sale of a controlled substance in the third degree.

• A 15-year-old juvenile was charged with one count of criminal sale of a controlled substance in the third degree (class B felony).

Giovanni M. Serrano, Carlos Serrano and Nelvin Raul Martinez were arraigned in Gaines Town Court  by Justice Bruce Schmidt. Giovanni M. Serrano was committed to the Orleans County Jail on $250,000 cash bail or $500,000 bond. Carlos Serrano and Nelvin Raul Martinez were also committed to the County Jail on $100,000 cash bail or $200,000 bond. All  three are to appear in Albion Town Court at 9 a.m. on May 21.

“Orleans County law enforcement is committed to tracking down the source of these dangerous drugs no matter where, and arrest the individuals who are responsible for plaguing our communities with these dangerous drugs,” said Joe Sacco, supervising investigator for the Task Force.

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3 are sentenced in County Court, including 2 to state prison

By Tom Rivers, Editor Posted 14 May 2018 at 3:08 pm

ALBION – Three people were sentenced in Orleans County Court today, including two people to state prison.

Darren Marker received the longest sentence, with 3 years in state prison and 3 years of post-release supervision.

Marker, 33, of Medina was sentenced for attempted first-degree robbery. He allegedly was in a vehicle on Main Street in Medina at 12:30 a.m. on Aug. 8 when he pulled out a knife and threatened a victim. Marker allegedly already owed the victim $110 after borrowing money with no intention of paying it back, the District Attorney’s Office said. Marker also allegedly stole cellular phone power banks from Crosby’s.

Marker faced up to 3 ½ years in state prison. Sara Sheldon, interim county court judge, gave him some leniency.

Marker said he has been in and out of since he was 17. He is determined to break the cycle of drug addiction, he told the judge.

“It’s a horrible life,” he said. “Prison is not something I want to make a career out of.”

Marker said he has a loving family as motivation. His goal is to become a drug abuse counselor.

Sheldon wished him well.

“Prisons have really good programs, but they’re not going to seek you out,” she said. “Don’t just go to the programs, but step up and be a leader in the program.”

• An Albion man was sentenced to 2 years in state prison, plus 3 years of post-release supervision for attempted criminal possession of a controlled substance in the third degree.

Kenneth Thompson, 52, allegedly had crack cocaine packaged for sale on Dec. 11 at 135 North Main St., Room 3, where he was living.

Thompson was previously convicted of a drug charge on Oct. 5, 2015.

His attorney, Dominic Saraceno, said Thompson struggles with schizophrenia in addition to drug addiction. The schizophrenia often leads Thompson to drugs to “self medicate,” Saraceno told the judge.

“He is not as bad as he looks on paper,” Saraceno said about Thompson. “If you get to talk to him, he’s actually a real nice guy.”

The judge said the sentence for state prison would include drug and mental health treatment.

“I agree with your lawyer, I don’t think you’re a bad guy either,” Sheldon said. “But you’ve got to be stronger and find something positive to do with your time.”

• A Rochester woman received 5 years probation after pleading guilty to attempted criminal possession of a controlled substance in the third degree.

Shanya Beasley, 39, admitted she had cocaine with the intent to sell it in Orleans County on April 18, 2017. She was also ordered to pay $600 in restitution to the Orleans County Major Felony Crime Task Force.

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Albion man arraigned for predatory sexual assault against child

By Tom Rivers, Editor Posted 9 May 2018 at 2:41 pm

ALBION – An Albion man was arraigned in Orleans County Court for predatory sexual assault against a child after he allegedly had sexual intercourse and committed another sex act against the child, the District Attorney’s Office said.

Robert Tetrault, 37, allegedly committed the crimes against a child, ages 9 to 10, from January to July 2012. Tetrault was arraigned last week in Orleans County Court by Judge Sanford Church.

Tetrault has previously been convicted in court on charges of attempted second-degree assault and third-degree attempted criminal possession of a weapon. He was sentenced to 2 to 4 years in state prison in October 2013 after fighting someone with a knife on May 23, 2013. Tetrault caused a severe laceration across another’s person hand who tried to intervene in the fight.

In other cases last week in County Court:

Miranda Rose, formerly of Orleans County, was sentenced to two years on probation after she admitted to collecting $3,577 in welfare benefits when she was living out of the county in Baltimore.

She pleaded guilty last month to fifth-degree welfare fraud. She agreed to pay $3,577 in restitution.

• The judge arraigned an Albion man who allegedly had drugs, and a knife while threatening another man on Washington Street in January.

Demetrius Bennett, 39, faces charges of criminal possession of a weapon in the fourth degree, menacing in the second degree, and criminal possession of a controlled substance in the fifth and seventh degree.

Judge Church set bail at $10,000.

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Woman who stole car sentenced to state prison

By Tom Rivers, Editor Posted 8 May 2018 at 7:55 am

3 others plead guilty in County Court

ALBION – A Rochester woman who stole a car in Albion on June 14 will spend 1 to 3 years in state prison after being sentenced on Monday in Orleans County Court.

Georgeta M. Coleman, 19, was sentenced for fourth-degree grand larceny. She had been approved for a diversion program and was at a drug treatment facility near Albany. However, Coleman only stayed briefly for orientation and left the site, stealing one of the counselor’s cars and driving back to the Rochester area. Coleman’s whereabouts were unknown for about two weeks.

“I think the system has tried very hard with Ms. Coleman,” District Attorney Joe Cardone told Sara Sheldon, interim County Court judge. “She seems to reject help. I think at this point she has exhausted people’s efforts to help her.”

Coleman’s attorney Nathan Pace said she has a “biological impediment” that makes decision-making difficult. He asked that she be sentenced to one year in the county jail instead of the longer sentence in state prison.

“She is still just a young girl,” Pace told the judge. “I ask for leniency.”

Coleman said she regrets her actions and struggles to make the right choices.

She was asked why she steals cars.

“I get a mental high,” Coleman told Judge Sheldon. “It’s like I accomplished something.”

The judge decided to give Coleman the maximum sentence.

“You got to stop this,” Sheldon said. “It’s got to end.”

Three other people also pleaded guilty to crimes in Orleans County.

• A former Middleport resident pleaded guilty to third-degree burglary and could face a maximum of 1 ½ to 3 years in state prison for a burglary in the county from about 3 ½ years ago.

Nichole Hart, 27, allegedly broke into a house Dec. 28, 2014 on East Lee Road in Barre.

She is currently in a residential drug treatment program in Manhattan. Judge Sheldon complimented Hart on her progress.

Hart will be sent to the Willard drug treatment program through the state corrections system. She also has to pay $6,000 in restitution for the burglary.

She will be sentenced at 2 p.m. on Sept. 17.

• A Rochester man who has been in the county jail for 15 months pleaded guilty to attempted criminal possession of a controlled substance in the third degree and will face a maximum of 2 years in state prison as part of a plea deal. The charge normally has a sentence of 1 ½ to 8 years in prison.

Victor T. Simmons, 47, is accused of selling heroin and cocaine in Albion. Cardone, the district attorney, said there are audio and video recordings of Simmons selling drugs. Simmons said he had heroin with the intent to sell in Albion on Feb. 28, 2017.

Simmons had previously declined all plea offers. His case was also slowed when he insisted on a different attorney through the assigned counsel program.

He was emotional on Monday while entering a guilty plea. The judge had a sheriff’s deputy give him tissues for his tears.

“I’m just thinking about my kids,” he told Judge Sheldon.

Simmons will be sentenced at 2 p.m. on Aug. 6. His time in the county jail will count towards the prison sentence. He also will have three years of post-release supervision.

Vanessa Trouerbach, 26, of Churchville was accepted into a diversion program. She pleaded guilty to third-degree burglary, admitting to entering a garage on Monroe-Orleans Countyline Road on June 21. She and a co-defendant took tools. She agreed to pay up to $1,000 restitution.

If Trouerbach can follow the rules of the diversion program, the felony charge will be dismissed and she will be on probation for three years for a misdemeanor charge. If she doesn’t get through the program, she could be sentenced up to 2 1/3 to 7 years on the burglary charge.

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Trial starts for Albion man facing first-degree assault

By Tom Rivers, Editor Posted 7 May 2018 at 7:35 pm

ALBION – Today was the start of a trial for a Albion man facing first- and second-degree assault charges.

Wesley Askew

Wesley Askew, 50, has been in the county jail on $250,000 bail after he allegedly seriously injured another Albion man on June 9 during a late-night fight at 175 North Main St., an apartment building north of the Erie Canal.

Sara Sheldon, a judge from Niagara County, is presiding over the trial. Today the jurors were picked.

Askew allegedly got into an altercation at 1:45 a.m. and allegedly punched another man several times, causing serious head injuries. Askew allegedly punched the other man so hard that Askew broke bones in his hand and wrist. He was treated for his injuries at the Erie County Medical Center.

Askew is a level 3 sex offender, the highest possible risk for re-offending. He was released from prison in late 2015 after being convicted in May 2009 for second-degree rape.

The trial is expected to last about two weeks.

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Lyndonville teen faces drug and gun charges

Posted 27 April 2018 at 11:54 am

Press Release, U.S. Attorney James P. Kennedy, Jr. – Western District of New York

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nolan Donald, 19, of Lyndonville, NY, was arrested and charged by criminal complaint with possession of marijuana with intent to distribute and being an unlawful user in possession of a firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, between February 17, 2018, and April 18, 2018, the defendant posted videos and photos to the social media application “Snapchat” in which he appeared to be in possession of a pistol and large quantities of marijuana, and using what appeared to be marijuana and prescription medicine.

On April 18, Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a federal search warrant at Donald’s North Lyndonville Road residence. Agents recovered a pistol with an obliterated serial number, which was loaded with eight rounds of ammunition, and a 12-gauge shotgun. A small quantity of suspected marijuana, suspected edible marijuana cookies, plastic baggies and ammunition for a shotgun were also recovered.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions pending a detention hearing on April 27.

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

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

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2 plead guilty to drug crimes and will likely be sentenced to prison

By Tom Rivers, Editor Posted 23 April 2018 at 6:34 pm

ALBION – Two people pleaded guilty in Orleans County Court today to drug crimes and will likely be sentenced to state prison.

Jonathan Agosto, 31, of Rochester pleaded guilty to attempted criminal possession of a controlled substance in the third degree. He could be sentenced up to 8 years in prison on July 9.

Agosto was charged in February with 10 counts of criminal sale of a controlled substance in the third degree, which are Class B felonies. He is suspected to providing heroin/fentanyl that caused several overdoses in early 2018.

Another Rochester resident, Lamar Nelson, 29, pleaded guilty to criminal possession of a controlled substance in the fifth degree. He faces up to 2 ½ years in prison when he is sentenced on June 25.

He admitted he had cocaine with the intent to sell on May 1, 2017.

A Holley man who has been in prison for 4 years will be released on June 2 from Collins Correctional Facility. Damien Jost, 23, pleaded guilty in 2014 to disseminating indecent material to a minor. Orleans County Court Judge Sanford Church assessed Jost as a Level 2 sex offender.

Judge Sara Sheldon presided over other cases this afternoon. She set June 18 as the beginning of a trial for Gerardo Quiros, 31, of Medina, who allegedly held a woman against her will for several weeks, while physically and sexually assaulting her.

Susan Howard, the assistant district attorney, told the judge the trial would likely last about two weeks.

Quiros is facing 24 counts, including seven counts of first-degree rape, 10 counts of criminal sexual act in the first degree, one count of third-degree assault, one count of both criminal possession of a controlled substance in the third and fifth degrees, two counts of endangering the welfare of a child, criminal mischief in the fourth degree, and unlawful possession of marijuana.

Quiros remains in the county jail after his bail was revoked in January by Judge Sheldon. The judge said she wouldn’t consider releasing him from jail.

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3 plead guilty in County Court

By Tom Rivers, Editor Posted 9 April 2018 at 12:21 pm

ALBION – Three people pleaded guilty in Orleans County Court last week. Two could spend time in jail when they are sentenced. Another defendant could have the felony charge dismissed if she completes a diversion program.

Amanda C. Laraby, 37, of Middleport was accepted into a judicial diversion program. Laraby admitted in court that she has been fighting an opiate addiction. She pleaded guilty to fifth-degree criminal possession of a controlled substance after she allegedly sold prescription opiate drugs. If she completes the diversion program, which includes drug treatment, the felony charge will be reduced to a misdemeanor of criminal possession of a controlled substance in the seventh degree and she wouldn’t face any time in jail.

Miranda Rose, formerly of Orleans County, admitted to collecting $3,577 in welfare benefits when she was living out of the county in Baltimore.

She pleaded guilty to fifth-degree welfare fraud last Thursday before County Court Judge Sanford Church. She agreed to pay $3,577 in restitution and will be sentenced on May 3. She could face up to a year in jail.

Fred Lockwood, 55, of Waterport pleaded guilty to aggravated unlicensed operation of a motor vehicle in the second degree and misdemeanor driving while intoxicated in the town of Yates.

He was allegedly driving without a license and while intoxicated. He could face up to a year in jail when he is sentenced on June 28.

In other cases:

Laura L. Spear, 50, of Medina was sentenced to three years probation plus restitution. She pleaded guilty to petit larceny after she admitted to taking $20,918 from her mother by using her credit card. Spear, who has no prior criminal record, agreed to pay restitution over the next three years.

Brian Forman was arraigned on grand larceny in the third and fourth degrees. He allegedly had a relationship with a woman from California and extorted nearly $9,000 from her in wired funds and gift cards, when he threatened to expose the relationship, according to the District Attorney’s Office. Forman was extradited from Texas and is in the county jail on $25,000 bail.

Bianca Carbone, an inmate at the Albion Correctional Facility, was arraigned on promoting prison contraband in the first degree and criminal possession of a controlled substance in the fifth degree for allegedly having drugs in the prison. Her bail was set at $20,000 in case she is released from the women’s prison.

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Woman charged with murder of Lyndonville mother deemed competent to stand trial

By Tom Rivers, Editor Posted 27 March 2018 at 3:52 pm

ROCHESTER – A woman accused of fatally shooting a Lyndonville woman has been deemed fit to stand trial.

Holly Colino, 32, last Oct. 31 was declared incompetent to stand trial. But today in State Supreme Court, Judge Charles Schiano determined that Colino has made progress and can now assist in her own defense, Rochester media stations are reporting.

Colino is accused of shooting Megan Dix on Aug. 25 while the 33-year-old-wife and mother was taking her lunch break at a parking lot on South Avenue in Brockport. Dix was seeking some peace and quiet on her lunch break at Lowe’s.

Colino, 32, grew up in East Rochester. She had been living in Arizona. Brockport Police Chief Daniel Varrenti said after the arrest the murder was a random act of violence. Dix did nothing wrong to provoke the attack, the police chief said.

Colino is to appear back in court in June when the judge may set a date for a trial.

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Medina man sentenced to 4 years in prison for drug crime

By Tom Rivers, Editor Posted 27 March 2018 at 10:04 am

ALBION – A Medina resident was sentenced to four years in state prison on Monday. Russell E. Sargent, 52, admitted in a previous court appearance to having cocaine with the intention of selling it on May 18.

He was sentenced for attempted criminal possession of a controlled substance in the third degree. He could have faced up to 5 ½ years in prison, but as part of a plea deal the sentence was capped at 4 years.

“He acknowledges what he did is foolish,” Public Defender Joanne Best told Sara Sheldon, interim County Court judge. “This all dates back to the seriousness of the the drug use he has engaged in the last few years.”

Sargent apologized to the court, his friends and family.

“You’re getting too old for this,” Sheldon told Sargent. “What a crappy way to live your life.”

Her sentence included the option for Sargent to go to the Willard drug treatment program through the state correctional system.

He also has to pay $230 restitution to the Orleans County Major Felony Crime Task Force.

In other cases:

• Some of the charges have been dismissed for a Ridgeway man who allegedly held a woman against her will for several weeks, while physically and sexually assaulting her.

The woman couldn’t provide specific dates for all of the alleged crimes. Gerardo Quiros, 31, was facing 36 counts but some of those were dismissed because the District Attorney’s Office couldn’t provide the exact dates. However, the victim was able to provide specifics for many of the alleged crimes. Quiros is now facing 24 counts, including seven counts of first-degree rape, 10 counts of criminal sexual act in the first degree, one count of third-degree assault, one count of both criminal possession of a controlled substance in the third and fifth degrees, two counts of endangering the welfare of a child, criminal mischief in the fourth degree, and unlawful possession of marijuana.

Quiros remains in the county jail after his bail was revoked in January by Judge Sheldon. The judge said she wouldn’t consider releasing him from jail.

He is scheduled to go to trial on June 18.

• A Holley woman was sentenced to four months of weekends in jail plus five years of probation after getting her third charge for driving while intoxicated in the past 10 years.

Katherine Christ, 29, was charged on June 20 with a Blood Alcohol Content of 0.17 percent, more than twice the legal limit.

The judge took her driver’s license. Christ has to pay a $520 court surcharge and will have to have an interlock ignition device that measures her BAC when she resumes driving.

Corey Goebel, 27, of Sparling Drive in Rochester pleaded guilty to third-degree burglary and faces a maximum sentence of six months in jail and five years probation when he is sentenced on June 25.

He admitted he entered a garage on June 21, 2017, intending to a commit a crime in Clarendon on Monroe-Orleans Countyline Road.

Goebel faces a similar charge in Monroe County. Judge Sheldon said she would have given Goebel more time in jail but Monroe County already agreed to a plea deal of six months in jail, and five years of probation.

“I’m not happy with this, but Monroe County went first,” she said.

• Judge Sheldon, a Niagara County judge, is reducing some of the cases she has in Orleans County. She has been filling in since James Punch retired last July 29. Sanford Church was elected in November and is assuming more of the workload. Charles Zambito, a judge from Genesee County, also is handling some of the court cases.

Sheldon told some of the people in a judicial diversion program that Monday was her last time seeing them. Those cases will be shifted to Zambito, who has court on Thursday mornings.

One of the local residents in the diversion program thanked Sheldon for giving him a second chance. If he completes drug treatment and doesn’t commit any additional crimes, his felony drug charge will be reduced to a misdemeanor.

“You’re welcome,” Judge Sheldon told the man. “I want to see you strong and sober.”

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Albion man ‘vehemently denies’ raping child

By Tom Rivers, Editor Posted 20 March 2018 at 10:24 am

Judge sets bail at $25K for Richard Hering Jr.

ALBION – An Albion man facing charges of rape and incest against a child and sexual abuse against three children denied the charges in Orleans County Court on Monday, when the judge set bail at $25,000.

Richard Hering Jr., 45, said he is innocent and offered to take a polygraph test.

“He vehemently denies having done this,” said Mark Lewis, Hering’s attorney. “He should be presumed innocent.”

Hering and his girlfriend Renee Koch, 54, were charged on Feb. 27 with forcible touching, sex abuse and act in manner injurious to a child less than 17 years of age. There were allegedly three victims.

After those charges, Hering was arrested again on March 9 after additional information was developed, Albion Police Chief Roland Nenni said.

The charges include two counts of predatory sexual assault against a child (felony), two counts of first-degree rape (felony) and two counts of incest in the first degree (felony).

The crimes are alleged to have occurred in 2008 and 2010 in the Village of Albion. District Attorney Joe Cardone said the victim of the alleged crime is very credible.

Cardone asked Sara Sheldon, interim County Court judge, to set bail for Hering at $50,000 during a bail hearing Monday in County Court.

“These are extremely serious charges,” Cardone said. “We are concerned he is a flight risk.”

Lewis said the charges against Hering are only accusations. The attorney asked for a lower bail.

Cardone noted that Hering has a previous conviction in 1994 for a misdemeanor of attempted sexual abuse in the 2nd degree in Clarendon.

Sheldon said she was concerned about that charge as well as allegations that there are three victims in the latest case.

She set bail at $25,000 cash and $50,000 bond.

In other cases in County Court on Monday:

• The judge agreed to accept a Rochester woman into a judicial diversion program where her felony charge will be dismissed if she can avoid drugs and complete treatment in the next two years.

Adrienne Williams, 52, has been to state prison three times. She has battled addictions for many years. The diversion program, which requires treatment, gives her a chance for breaking the cycle, said her attorney, Dominic Saraceno.

Williams thanked Judge Sheldon for the opportunity. Williams pleaded guilty to promoting prison contraband in the first degree. She admitted to bringing 49 pills to the Albion Correctional Facility.

If she fails in the diversion program, she could face up to 3 ½ to 7 years in state prison.

Cardone opposed the diversion program for Williams, saying she has “led a life of criminal behavior” with 35 convictions.

If Williams can complete the program, the felony charges will be dismissed and she will be sentenced to three years of probation to be served in Monroe County.

“It’s going to be hard,” Sheldon told Williams. “You need to make your appointments and you’re going to be tested constantly. It’s going to be hard work, and you need to do the heavy lifting.”

• A trial will start April 30 for Lamar L. Nelson, 29, of Rochester, who is accused of selling cocaine in Albion on May 1. He faces multiple charges of criminal sale of a controlled substance in the third degree and criminal possession in the fourth degree as well as criminally using drug paraphernalia. Nelson has declined any plea offers.

• A trial for another Rochester man facing drug charges is scheduled to begin on May 7. Victor T. Simmons, 47, is accusing of selling heroin and cocaine in Albion.

Simmons declined a plea deal with a maximum sentence of 2 ½ years in state prison if he pleaded guilty to criminal possession of a controlled substance in the third degree.

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Man who stole from Walmart sentenced to state prison

By Tom Rivers, Editor Posted 13 March 2018 at 5:19 pm

ALBION – A Rochester man who admitted in court to stealing $1,903 worth of electronics from the Walmart in Albion was sentenced to 1 ½ to 3 years in state prison.

Adrian Taylor, 40, pleaded guilty to fourth-degree grand larceny. He has prior convictions for larceny, burglary and drug crimes.

Sara Sheldon, the interim County Court judge, said Taylor is “clearly a career criminal.”

She also ordered that he pay Walmart $1,903 in restitution. Taylor allegedly put electronic items in a tote and then took them from the store.

The judge declined his request to be sent to the Willard drug treatment program through the state prison system. She told him there are other treatment programs in prison.

In other cases in County Court on Monday:

• An Albion man was sentenced to 1 1/3 to 4 years in prison for violating his probation.

Kolin McKain, 21, of Albion will go to a “shock camp” that is run like a boot camp. Sheldon told him he will be up early in the morning for exercise, then drug treatment. He will also learn about respecting authority and human dignity, she said.

McKain already has been on probation four times and has twice been convicted of driving while intoxicated. He violated probation by repeatedly using drugs and also being found with alcohol, District Attorney Joe Cardone said.

“My client clearly has a substance abuse problem that is controlling his life,” McKain’s attorney Nathan Pace told the judge.

McKain apologized to his family and the court for his actions.

Sheldon told him she hopes the shock camp can lead to long-lasting change in his life.

“You’re 21 years old and you’re becoming a frequent flyer,” she said. “That’s unacceptable.”

• A man from Cazenovia was sentenced to five years of probation and four weekends in jail after drunk driving on July 14 in Carlton.

Michael E. McKee, 30, of Cazenovia had a 0.29 percent Blood Alcohol Content, more than three times the legal limit.

He could have faced up to six months in jail as part of a plea agreement. Judge Sheldon said she was impressed by McKee for taking responsibility for the crime and getting treatment. His attorney asked that McKee only serve probation given the progress he has made since his arrest.

Sheldon decided to give him four weekends in jail to be served in Madison County, where he lives.

“I think you need a little taste (of jail) to show that this is where you never want to be,” the judge said.

McKee will also report to probation in Madison County. His license has also been taken away until he gets the court’s permission to have it back. He also must pay a $520 court surcharge and $50 DNA fee.

• An Albion man facing charges of first- and second-degree assault will go to trial beginning May 7. Wesley Askew has been in the county jail after he allegedly seriously injured another Albion man on June 9.

Askew allegedly got into an altercation at 1:45 a.m. on June 9 at 175 North Main St., an apartment building. Askew allegedly assaulted another resident, who sustained serious head injuries.

Askew is a level 3 sex offender, the highest possible risk for re-offending. He was released from prison in late 2015 after being convicted in May 2009 for second-degree rape.

Cardone, the district attorney, said the trial would take two weeks, “at least.”

• A Hamlin resident pleaded guilty to aggravated unlicensed operation of a motor vehicle in the third degree and criminal possession of a weapon in the fourth degree

Chad Oehlbeck, 30, could face up to six months in jail and five years on probation when he is sentenced in June 11.

He admitted to the judge he was driving without a license and was impaired on June 3. He was also asked if he had a shotgun and was intending to use it unlawfully against another person.

After a pause, Oehlbeck responded, “Yes, your honor.”

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Albion man on parole admits to having cocaine

By Tom Rivers, Editor Posted 6 March 2018 at 8:37 am

ALBION – An Albion man who got out of prison about a year ago admitted to having cocaine and could face up to 2 more years in prison when he is sentenced on May 4.

Kenneth L. Thompson, 52, of North Main Street admitted in County Court on Monday that he had 0.12 ounces of cocaine in his room when it was searched by a parole officer on Oct. 5.

He was charged with one count of criminal possession of a controlled substance in the third degree, which carries a maximum of 1 ½ to 8 years in prison due to his previous offenses. (Thompson has five prior felonies, several misdemeanor crimes, and previous probation and parole revocations.)

District Attorney Joe Cardone offered a 2-year maximum for Thompson, and that was accepted by Thompson and Sara Sheldon, the interim County Court judge. She also insisted on three years of post-release supervision.

Thompson is currently in jail on $10,000 bail.

In other cases in court on Monday:

• Jason Schmeer, 37, of Brockport pleaded guilty to fourth-degree grand larceny for taking a credit card. He agreed to pay $485 in restitution.

He faces a split sentenced of up to six months in jail and five years of probation when he is sentenced on June 11.

• The judge is considering the next step for a Rochester woman who was in a diversion program and was in a drug treatment program near Albany. However, Georgeta M. Coleman, 19, only stayed briefly for orientation and left the site, stealing one of the counselor’s cars and driving back to the Rochester area. Coleman’s whereabouts were unknown for about two weeks.

Her attorney, Dominic Saraceno, said Coleman had a “mental health breakdown” at the treatment facility.

Coleman was charged on June 14 by the Albion Police Department after she allegedly stole a motor vehicle in Albion. She has been arraigned for fourth-degree grand larceny and criminal possession of stolen property in the fourth degree.

The judge accepted her in a diversion program, and would have reduced the felony charge to a misdemeanor if Coleman completed the program.

Coleman is currently in jail on $10,000 bail.

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Albion man sentenced to 2 years in prison for selling cocaine

By Tom Rivers, Editor Posted 6 March 2018 at 7:58 am

ALBION – An Albion man was sentenced to 2 years in state prison on Monday after he admitted to selling cocaine.

Patricio A. Borquez, 43, of Desmore Road in Albion was sent to state prison for attempted criminal possession of a controlled substance in the third degree. He admitted in a previous court appearance he had cocaine with the intent to sell it.

Borquez has downplayed his involvement in the alleged drug sales, saying he only was involved in one sale. But District Attorney Joe Cardone said Borquez personally completed several drug transactions.

Borquez faced a maximum of 3 years in state prison. He developed a drug addiction after fracturing his skull in a construction accident and using pain medication, his attorney Mark Lewis said.

Borquez, who has no prior felonies, became addicted to the pain pills and then started using heroin. He sold drugs to support his drug habit, Lewis said.

Sara Sheldon, the interim County Court judge, urged Borquez to complete drug treatment programs while in prison.

“I know I committed a huge mistake,” Borquez said during sentencing.

He insisted he wasn’t involved in multiple sales. Borquez said he became a Christian in jail “and that is what has turned my life around.”

In another sentencing:

Matthew Engert, 26, of Holley was sent back to the county jail for a nine-month sentencne after he violated his probation.

Engert just got out of jail in January. He was on probation for third-degree assault for punching another inmate in the head at the Orleans County Jail on Feb. 14, 2017.

District Attorney Joe Cardone went over Engert’s infractions on probation, including not reporting to probation for three appointments last month, leaving the state without permission, using cocaine and marijuana, being charged with aggravated unlicensed operation of a motor vehicle, and failure to get evaluations for substance abuse, mental health and anger management.

Engert declined to have a pre-sentencing report be done, which would have pushed back his sentencing until April 23. He asked to be sentenced on Monday. He said he does better with the structure of the jail.

Judge Sheldon said many people prefer jail over the rules of probation.

“Mr. Engert, you got to straighten out your life,” she said.

• An Albion man who pleaded guilty to violating terms of his probation had his sentencing postponed by a week because the judge wants to see if he would be eligible for a shock camp.

Kolin McKain, 21, of Albion already has been on probation four times and has twice been convicted of driving while intoxicated. McKain violated probation by repeatedly using drugs and also being found with alcohol.

District Attorney Joe Cardone said McKain has a “sizable drug problem.” McKain faces up to a year in the county jail.

Judge Sheldon said McKain is young and would benefit from shock camp, which she said is run like a boot camp. She first wants to see if that would be an option for McKain.

“I think he needs an attitude adjustment and local time won’t do it,” she said.

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