‘There’s too much drugs in Orleans County.’ – Judge Sara Sheldon

ALBION – Two people were sentenced to state prison on Monday for drug crimes in Orleans County.

Leonel Lopez-Sanchez, 45, of Rochester received the longest sentence at 3 years in prison.

Lopez-Sanchez in December admitted to having cocaine in Orleans County. He pleaded guilty to attempted criminal possession of a controlled substance in the third degree with intent to sell.

Lopez-Sanchez faced a maximum of 3 ½ years in state prison and two years of post-release supervision.

Sara Sheldon, interim County Court judge, gave him less than the maximum at 3 years in prison. Lopez-Sanchez has taken drug treatment programs in jail. He also doesn’t have any prior felonies, although he has four misdemeanors in Miami, Dade County, Florida.

He also will be on post-release supervision for two years, and may be deported to Cuba.

Lopez-Sanchez was arrested on Feb. 16, 2017 after an investigation by the Orleans County Major Felony Crime Task Force and a the execution of a search warrant on North Main Street by the Albion Police Department.

“I made a mistake,” Lopez-Sanchez said in court on Monday. “It will never, ever happen again.”

• A co-defendant in the case also was to be sentenced to up to 3 years in state prison on Monday. But the judge wanted to hear more from the District Attorney’s Office about Patricio A. Borquez’s involvement.

Borquez and his attorney Mark Lewis said Borquez was involved in one drug transaction.

Borquez developed a drug addiction after fracturing his skull in a construction accident and using pain medication, his attorney said.

He became addicted to the pain pills and then started using heroin.

He sold drugs to support his drug habit, Lewis said.

Since he has been in jail for just over a year, he has completed drug treatment programs through GCASA and also is a regular attendee of a Bible study.

“He has been attempting to better himself,” Lewis told the judge.

Borquez told Judge Sheldon he wants to become a pastor, and be “the father I used to be.”

His attorney asked the judge to sentence Borquez to time served after more than a year in jail.

Sheldon adjourned sentencing until March 5 to hear more from the DA’s office about Borquez’s role in the drug sales.

“There’s too much drugs in Orleans County and you were helping to bring drugs into Orleans County, whether it was one time or three times,” Judge Sheldon said.

• In another case, Andrew Coley, 20, of Albion was sentenced to 2 years in prison, plus a year of post-release supervision for selling crack cocaine.

His attorney, John Zimberlin, said Coley’s drug addiction has fueled his criminal actions.

“I’m not justifying it, I’m just pointing it out,” the attorney said.

Coley didn’t speak during his sentencing and also wasn’t cooperative with probation staff in a presentencing report, Judge Sheldon said.

“Unfortunately Mr. Coley you need an attitude adjustment or you will continue down this path,” she said.

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Tom Marano, Dean Covis admit to falsifying time sheets for security work while they were also on the clock for Sheriff’s Department

ALBION – Two Orleans County sheriff’s deputies pleaded guilty in County Court today to petit larceny and falsifying business records.

Dean Covis

Tom Marano and Dean Covis last July were indicted on felony grand larceny in the third degree after both were accused of falsifying time sheets when they were hired for security by Brookfield Renewable Energy Partners, which operates a hydroelectric plant in Waterport.

Marano and Covis submitted time sheets for Brookfield when they were allegedly also working shifts for the Orleans County Sheriff’s Department.

Both Marano and Covis have to pay restitution to Brookfield. As part of a plea deal today, the felony charges were reduced to a misdemeanor. There was no sentencing promises in court today. Judge Sara Sheldon said the charge carries a maximum of a year in jail.

Marano and Covis will both be sentenced on May 7.

Tom Marano

Covis, 53, admitted to filing false time sheets for about 690 hours at Brookfield from approximately Nov. 26, 2013 to Jan. 3, 2015. Covis agreed to pay $12,915 in restitution. He is disputing paying an additional $1,000 in restitution for $13,915 total.

Larry Friedman, the Genesee County district attorney, prosecuted the case for the Orleans DA’s Office. Friedman said he and Covis’s attorney would attempt to resolve the issue about the additional $1,000 in restitution.

Marano, 46, admitted to claiming 240 hours at Brookfield while he was on the clock working as a deputy between Jan. 12, 2014 and Jan. 1, 2015. He agreed to repay $4,800 in restitution.

The charges were refiled today after the original charges were dismissed over technicalities. Judge Sheldon said the spread sheet of time cards was not presented as evidence for the grand jury. There were also 192 counts or falsifying business records that should have been presented to grand jury with a vote on each count individually, Sheldon said.

The original indictment lists 140 counts of first-degree falsifying business records and one count of third-degree grand larceny against Covis. Marano faced 101 counts of falsifying business records and one count of third-degree grand larceny.

Both Covis and Marano are waiving their right to appeal as part of the plea. They have both been on unpaid leave, pending the outcome of the case.

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ALBION – A Rochester man admitted in court today to stealing $1,903 worth of electronics from the Walmart in Albion.

Adrian Taylor, 40, could face up to 1 ½ to 3 years in state prison when he is sentenced on Feb. 26. He pleaded guilty to fourth-degree grand larceny.

The charge for a second-felony offender carries a maximum of 2 to 4 years in prison. As part of a plea deal, Taylor would see a reduced sentence.

He also agreed to pay $1,903 in restitution, but told the judge, “I have no way of paying it.”

Sara Sheldon, the interim County Court judge, said a judgement may have to be imposed to collect the money.

Taylor allegedly put electronic items in a tote and then took them from the store.

A co-defendant in the case, Kenya L. Yawn, also was to be sentenced today. The Rochester woman, 22, had her sentencing pushed back three weeks. She will likely face a year in jail.

She said she is concerned about a niece who lives with her and where she will go. Judge Sheldon gave Yawn three weeks to make living arrangements for her niece.

Yawn pleaded guilty to petit larceny for stealing about $2,000 worth of merchandise from the Albion Walmart on March 2. She allegedly took a television, modem, Fitbits, hard drives and other items from the store.

She will be sentenced on Feb. 26.

• A Medina man was sentenced to five years of probation for criminal possession of a controlled substance in the fifth degree.

Derrick Adams, 30, avoided jail. He had no prior criminal record until he was arrested for unlawfully having cocaine with the intent to sell it on April 25.

As part of a plea deal, he faced up to six months in jail and five years of probation.

Adams apologized for the crime in court today.

“I made a mistake,” he told Judge Sheldon.

“You made a choice and you’re smarter than that,” she responded.

Adams is considered a low risk of reoffending, according to a pre-sentencing report by probation staff.

He has a job and has plans to complete his college education.

• David L. Timmer III, 38, of Medina was also sentenced to five years of probation. He has already spent four months in jail for attempted burglary in the third degree.

Timmer admitted to burglarizing Tim Horton’s in Medina and taking money from the business.

He apologized for the crime today in court. He also is considered a low risk of recidivism, according to a pre-sentencing report from probation.

• An Albion man pleaded guilty to violating terms of his probation and could be sentencned to up to a year in jail on March 5.

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

McKain admitted he was at a party on Dec. 27 and used cocaine. The judge said that represented a violation of probation.

He was remanded to jail on $10,000 bail while awaiting sentencing.

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ALBION – A Murray man was given the maximum of four years in state prison for first-degree attempted sex abuse.

Joseph Quarella, 41, was living at Skyline Circle in Murray when he allegedly subjected a 16-year-old girl to the crime, which occurred in November 2016.

He pleaded guilty on Oct. 30, when he admitted to forcibly touching the victim’s private parts.

Quarella is a second felony offender and already has served a sentence in state prison for second-degree assault in Cayuga County in 2005.

In court on Monday he said the girl, 16, was a “problem child” who would cut herself. He started “sexting” with her, sending sexually explicit messages, thinking it would make her feel better.

Sara Sheldon, the interim County Court judge, told Quarella he is the adult who took advantage of the victim, giving her drugs and alcohol.

In addition to four years in prison, Quarella will face 10 years of post-release supervision and will be a registered sex offender.

He also has to pay a $1,000 sex offender victim fee, $375 court surcharge and $50 sex offender registration fee.

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ALBION – A judge has sent a Ridgeway man to Orleans County Jail to be held without bail after he was charged with additional violent felonies after posting bail for allegedly assaulting a woman last year.

Gerardo Quiros

Gerardo Quiros, 31, posted $250,000 bail last spring after he was accused of holding a woman against her will for several weeks, while physically and sexually assaulting her.

Quiros is facing 36 counts including seven counts of first-degree rape, 23 counts of first-degree criminal sexual act, third and fifth degree criminal possession of a controlled substance, endangering the welfare of a child, unlawful dealing with a child and unlawful possession of marijuana.

That case is pending in court. He was offered a plea deal where he would face a maximum of 7 to 15 years in state prison. Quiros declined that offer.

Sara Sheldon, the interim County Court judge in Orleans County, on Monday revoked the bail and ordered Quiros to be held without bail due to the additional charges.

He was arraigned on the new charges when he allegedly broke into his girlfriend’s parents’ house in Barre and attempted to drag the woman out by her feet.

He was arraigned on Jan. 1 in Town Court for second-degree burglary, attempted second-degree kidnapping and two counts of endangering the welfare of a child. Bail was set at $100,000 and Quiros was promptly bailed out.

Sheldon continued bail on Monday at $100,000 for the new charges. Quiros, however, remains in jail without bail after Sheldon revoked the $250,000 bail on the previous charges.

“We feel he is a tremendous flight risk,” District Attorney Joe Cardone told the judge.

He also requested orders of protection for six people, and the judge granted that request.

The judge also set Sept. 18 as the tentative date for a trial on the latest charges.

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ALBION – The man accused of burglarizing a former county legislator’s home and causing about $60,000 of damage appeared in Orleans County Court today.

Charles Zambito, the judge from Genensee County, set bail at $25,000 Zachary S. Natale, 24, of Medina.

District Attorney Joe Cardone asked that bail be set at $100,000. He said Natale has been charged with burglaries on Dec. 19 and Dec. 25 in Niagara County.

Those charges aren’t related to the second-degree burglary charge he faces in Orleans County for allegedly breaking into the home of former County Legislature Chairman David Callard’s home on Fruit Avenue in Ridgeway.

Natale allegedly broke into the house on May 14 and flooded the home by plugging drains. He also is accused of breaking other household items and stealing about $5,000 worth of items, including a television, computer and jewelry. In addition to the burglary charge, he faces third-degree grand larceny and second-degree criminal mischief.

Natale’s attorney Justin White said Natale already had posted bail of $20,000 from Niagara County. White asked that bail stay at that level.

“Our position is the circumstances have changed substantially,” Cardone told the judge in court today. Cardone said Natale “has a pretty bad heroin problem he is dealing with.”

Natale would have appeared in court voluntarily today, White said, but a detainer warrant kept him in jail.

Zambito, the judge, decided against raising the bail to $100,000. Instead, he upped it to $25,000, cash or bond. He also issued an order of protection for Callard.

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ALBION – The home of David Callard was allegedly burglarized in May, with about $50,000 in damages.

Zachary S. Natale, 24, of Medina has been indicted on second-degree burglary, third-degree grand larceny and second-degree criminal mischief. He is to appear in Orleans County Court on Jan. 18 in front of Charles Zambito, the Genesee County judge who is handling some of the cases in Orleans.

Natale is currently in Niagara County Jail in Lockport where he faces charges for several burglaries.

He allegedly broke into Callard’s house on Fruit Avenue in Ridgeway on May 14, flooding the house by plugging drains. He also is accused of breaking other household items and stealing about $5,000 worth of items, including a television, computer and jewelry.

Callard was the chairman of Legislature for nearly eight years. He resigned on Aug. 2, citing personal reasons. He had been a county legislator for nearly 24 years.

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ALBION – Several people were sentenced in Orleans County today with an inmate at Orleans Correctional Facility getting the longest, an additional 1 ½ to 3 years in prison.

Jaquan Hill, 22, of Suffolk County is serving a six-year sentence for first-degree burglary. He pleaded guilty on Oct. 16 to having a woman bring drugs into the prison to give to him.

Promoting prison contraband in the first degree carries a maximum of 2 to 4 years in prison. As part of a plea deal, Hill was given a maximum of 1 ½ to 3 years in prison.

In other cases in court today:

• Matthew Engert, 26, of Holley was sentenced to three years of probation for third-degree assault, an A misdemeanor, for punching another inmate in the head at the Orleans County Jail on Feb. 14.

Engert already has served about 4 ½ months in the county jail. Judge Sara Sheldon, interim county court judge, said probation should ensure Engert receives anger management and substance abuse treatment.

• A Rochester woman who was scheduled to be sentenced today didn’t appear in court and Judge Sheldon issued a warrant.

Kenya L. Yawn, 22, could be sentenced to up a year in jail after pleading guilty to petit larceny for stealing about $2,000 worth of merchandise from the Albion Walmart Supercenter on March 2. Yawn allegedly took a television, modem, Fitbits, hard drives and other items from the store.

Her attorney Dominic Saraceno asked that the case be adjourned and a warrant not be issued. He said Yawn has attended all of her court appearances and was likely facing a probation sentence.

Susan Howard, assistant district attorney, asked for a warrant and Sheldon granted the request

• Laura L. Spear, 50, of Salt Works Road in Medina pleaded guilty to petit larceny and will avoid jail as part of a plea deal. Spear admitted she took $20,918 from her mother by using her credit card. Spear, who has no prior criminal record, agreed to pay restitution.

She will be sentenced on March 26.

• A Rochester woman will be screened for the judicial diversion program. If she is accepted and completes the program, her felony charge will be reduced to a misdemeanor and she will avoid jail.

Georgeta M. Coleman, 19, 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.

Coleman has a similar charge in her past. Coleman said she used marijuana and K2 almost daily for two years.

• Judge Sheldon set Jan. 29 as a hearing for an Albion man who allegedly violated terms of his probation.

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

If the judge determines McKain violated his probation, he could face up to a year in jail.

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Christopher Ridder

Information from U.S. Attorney’s Office

BUFFALO – An Albion man was sentenced to 11 years in prison today in Federal Court in Buffalo after being convicted of receipt of child pornography.

Christopher Ridder, 46, was sentenced to 132 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in January 2017, after exchanging messages with an undercover law enforcement agent, the defendant was found in possession of over 600 images of child pornography, some depicting prepubescent minors and some depicting violent conduct.

Ridder was living in Medina when two Medina residents, on September 3, 2016, allegedly found a Samsung Centura smart phone in the trash in front of the former residence of the defendant on South Main St.

The following day, one of the individuals who found the phone charged it, began searching through it, and opened the Facebook application which automatically connected to Facebook account of the Ridder.

The phone also had pictures on it of individuals that the person knew as well as 75 images of young boys in various states of dress (bathing suits, underwear, etc.). Some pictures contained naked images of different boys. The individuals who found the phone turned the phone into the Village of Medina Police Department.

Further review of the phone and its contents by law enforcement officers uncovered a Facebook Messenger conversation that took place between Ridder and another individual. Officers also discovered another Facebook Messenger conversation between the defendant and second individual.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Medina Police Department, under the direction of Chief Chad Kenward.

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Rochester man apologizes for bringing drugs to Orleans County

ALBION – Three people were sentenced in Orleans County Court on Monday, including a Rochester man who will spend three years in state prison after admitting to bringing drugs in Orleans County.

Dale M. Jones, 47, of Rochester pleaded guilty to criminal possession of a controlled substance in the fifth degree. As a second felony offender, the charge carries a maximum of 4 years in prison. As part of a plea deal, Jones faced up to 3 years in prison when he was sentenced on Monday.

Sara Sheldon, acting County Court judge, gave him the maximum as part of the plea agreement.

“I apologize for bringing drugs to this county, to the Town of Albion and the Town of Clarendon,” Jones said during sentencing. “I made a bad choice. I’m not a bad person.”

Jones has a long history of substance abuse, his attorney told the judge. Sheldon agreed the sentence for Jones will include the drug treatment program at Willard, which is run by the NYS Department of Correctional Services and Community Supervision.

His sentence includes paying $150 in restitution to the Orleans County Major Felony Crime Task Force.

• Jason M. Hirtreiter, 29, of Medina was sentenced to a year in jail for obstruction of governmental administration in the second degree.

Hirtreiter admitted in court that on May 13 he pulled a witness away from two Medina police officers who were trying to interview the person.

Hirtreiter also refused to be finger-printed, refused to get out of a the patrol car and be arraigned and was aggressive with the police, Sheldon said during sentencing.

He has already been in jail for about 7 ½ months. He also needs to pay $250 in court surcharges, including a DNA fee.

• A 17-year-old girl from Rochester who pleaded guilty to promoting prison contraband in the second degree won’t have to spend any time in jail.

The girl, who was given youthful offender status, will serve three years on probation. She admitted to trying to pass heroin and Alprazolam (also known as Xanax) to two inmates at the Albion Correctional Facility, a women’s prison, on March 26.

The girl could have faced a maximum of a year in jail. District Attorney Joe Cardone said the girl was taken advantage of by the inmates, including her mother who is incarcerated. Cardone described the girl’s family situation as “horrible.”

Cardone agreed to the youthful offender status, which means the crime won’t go on the girl’s record and her name shouldn’t be made public.

The girl is on the honor roll and told the judge she hopes to become a math teacher.

“I wish the world for her,” Sheldon said during sentencing.

In another case, an 18-year-old from Albion pleaded guilty to third-degree burglary after stealing cigars from a gas station.

Prince Wilson of Platt Street was accepted into a judicial diversion program. If he completes that program, the felony charge will be reduced to a misdemeanor and he will avoid state prison and instead spend three years on probation.

Wilson will be on the diversion program for 18 to 24 months and needs to not break any laws and complete his GED. If he fails at the diversion program, he could be sentenced to a maximum of 2 1/3 to 7 years in prison.

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Leonel Lopez-Sanchez

ALBION – A Rochester man who was arrested in February for allegedly selling heroin in Albion pleaded guilty in Orleans County Court this morning.

Leonel Lopez-Sanchez, 45, faces 3 ½ years in state prison, two years of post-release supervision and possible deportation to Cuba after pleading guilty to attempted criminal possession of a controlled substance in the third degree with intent to sell.

Lopez-Sanchez was arrested on Feb. 16 after an investigation by the Orleans County Major Felony Crime Task Force and a the execution of a search warrant on North Main Street by the Albion Police Department. He has been in the county jail since then on $300,000 bail.

Lopez-Sanchez has no prior felonies, but was convicted of misdemeanor crimes in Miami, the District Attorney’s Office said in a previous court appearance.

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BUFFALO – One of three men charged with fraud last January at the Albion Wal-Mart has pleaded guilty to conspiracy to commit bank fraud and could face a maximum of 30 years in prison and a $1 million fine.

Yordani Ramirez Salgado, 28, of Miami, Florida, on Friday pleaded guilty to conspiracy to commit bank fraud before Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that on January 18, 2017, the defendant and co-conspirators –Ernesto Alvarez Santos and Abel Garcia Fernandez – flew from Miami, Florida to Hartford, Connecticut.

After arriving in Connecticut, Salgado and Santos rented a car and drove to Hamburg, NY where they re-united with Fernandez. In Hamburg, Fernandez provided the defendant and Santos with numerous counterfeit access devices including gift cards re-encoded with account numbers for actual credit card or debit card accounts at various financial institutions, Bonanno said.

Between Jan. 23 and Jan. 24, 2017, Salgado and Santos used 129 different counterfeit access devices to purchase gift cards at various Wal-Mart stores in Erie, Niagara, and Orleans counties. Upon purchasing the legitimate Wal-Mart gift cards, the defendants transmitted the legitimate gift card numbers by cellular telephone to another co-conspirator, according to the U.S. Attorney’s Office.

In addition, Salgado and Santos possessed an additional 102 different counterfeit access devices, which consisted of gift cards re-encoded with account numbers for actual credit card or debit card accounts at various financial institutions. The account holders of these credit card or debit card accounts did not authorize use of their credit card or debit card account information. The total estimated loss amount is $120,689.02, the U.S. Attorney said.

The scam by the trio was discovered at the Wal-Mart in Albion on Jan. 24. When police approached Salgado, he attempted to flee and resisted arrest.

Salgado was transported to the State Police barracks in Albion for processing on Jan. 24. The other suspects fled the scene in a red Nissan Versa which was given out by the Orleans County Sheriff’s Office.  This vehicle was later located by an off-duty county dispatcher traveling on State Route 98. With the assistance of an Orleans County deputy that vehicle was stopped and Fernandez and Santos were detained and transported to the State Police in Albion.

The case was transferred to U.S. District Court. Santos has previously been convicted and sentenced. The case against Fernandez remains pending.

The plea is the result of an investigation by the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.

Sentencing for Salgado is scheduled for March 5, 2018, before Chief Judge Geraci.

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Lyndonville woman sentenced to 9 months in jail for selling hydrocodone pills

ALBION – Two people pleaded guilty to felonies in Orleans County Court this afternoon.

One of the defendants opted to be sentenced right after her plea. Erlinda Rodriguez-Zuniga, 48, of South Lyndonville Road in Lyndonville admitted to having prescription hydrocodone pills and selling them.

She pleaded guilty to attempted criminal possession of a controlled substance in the fifth degree. The charge normally carries a maximum of 1 ½ years in state prison.

As part of a plea deal, Rodriguez-Zuniga faced a maximum of one year in jail. Sara Seldon, acting County Court judge, gave Rodriguez-Zuniga nine months in the local jail. Rodriguez-Zuniga has already served 131 days.

She apologized to the community and her family for the crime. She also had to pay $50 in restitution to the Orleans County Major Felony Crime Task Force, as well as a $375 court surcharge.

Rodriguez-Zuniga faces separate proceeding with U.S. federal probation. She has been on probation after she allegedly smuggled 400 pounds of pot from Mexico in 2013.

In another case, a Cazenovia man pleaded guilty to felony driving while intoxicated and could face up to 6 months in jail and 5 years of probation when he is sentenced on March 12.

Michael E. McKee, 30, of Cazenovia was charged on July 14 in Carlton and had a 0.29 percent Blood Alcohol Content, nearly four times the legal limit.

McKee has a prior DWI in 2012. As part of a plea deal today, he could be forced to pay a fine between $1,000 and $5,000, a state surcharge and will likely be required to have an interlock ignition device in any vehicle he drives for up to a year.

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Kenneth Thompson

ALBION – The Orleans County Major Felony Crime Task Force charged an Albion man with one count of criminal possession of a controlled substance in the third degree, a class B felony.

Kenneth L. Thompson, 52, of 135 North Main St., Room 3, allegedly had crack cocaine packaged for sale in his room, the Task Force said today. Thompson was charged on Friday after an investigation into the sale and distribution of crack cocaine. Thompson is currently on New York State Parole for a previous drug conviction.

The Task Force worked with the Albion Police Department and NYS Division of Parole in the investigation.

Thompson was arraigned by Albion Town Justice Joseph Fuller, who had Thompson committed to the Orleans County Jail without bail due to his previous criminal history. Thompson is to appear in Town Court at 9 a.m. on Dec. 13.

A parole detainer has been filed with the County Jail by the NYS Division of Parole. The Task Force said additional charges are pending in the case.

(Update 3:42 p.m.)  Thompson appeared in Orleans County Court this afternoon on a bail hearing. Sara Sheldon, the acting County Court judge, set bail at $50,000, which was the requested amount by District Attorney Joe Cardone. The DA said Thompson has five prior felonies, several misdemeanor crimes, and previous probation and parole revocations.

Sheldon agreed to the $50,000 bail, citing Thompson’s criminal history as well as out-of-state ties in Florida.

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