county court

Contractor gets 1 to 3 years for accepting money but not following through with work

By Tom Rivers, Editor Posted 9 May 2017 at 9:48 am

ALBION – A Dansville man was sentenced to 1 to 3 years in state prison for scheme to defraud in the first degree, after he accepted more than $30,000 from three customers in Orleans County for new pole barns, but didn’t do the work.

Michael W. Oldfeld, 48, also was ordered to pay restitution, plus 5 percent interest for three Orleans County residents. The restitution includes $13,618 for one resident, $9,600 for a second victim, and $9,500 for another.

Oldfeld also has 13 victims in six other counties. Those cases are separate from the three in Orleans.

“This conduct was extensive throughout western and central New York,” District Attorney Joe Cardone said during sentencing on Monday afternoon. “There are many victims and thousands of dollars.”

Oldfeld is represented by attorney Nathan Pace, who said Oldfeld has taken responsibility for the crime and is determined to pay back the victims.

“Since day one, Mr. Oldfeld has stated his desire to make people completely whole,” Pace said.

Oldfeld will likely have his future pay garnished as part of a restitution plan for the victims, Pace said.

“You have a man truly trying, hoping to work on the debts,” Pace said.

Pace said the state Attorney General’s Office is working on a restitution number for the 16 victims. Pace asked that County Court Judge James Punch hold off on the sentencing until the Attorney General has a total restitution figure.

Punch said he is focused on the three victims in Orleans County and wasn’t going to wait on the Attorney General’s determination for total restitution for all 16 victims in seven counties.

“I have three victims in my county who were ripped off,” Punch told Oldfeld during sentencing. “You did enough here to go to prison.”

Pace said Oldfeld’s business was struggling, and he used payments from customers to try to keep up with his bills.

“He didn’t intend to steal,” Pace said. “He was robbing Peter to pay Paul.”

Punch said the crimes, taking the sizable funds and not doing the work, has been difficult for the victims.

“It isn’t so easy to scrape together $10,000,” Punch told Oldfeld. “You have destroyed the plans for three families.”

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3 Holley adults charged after allegedly encouraging children to fight

Staff Reports Posted 8 May 2017 at 4:12 pm

HOLLEY – The Holley Police Department has charged three people for endangering the welfare of children for allegedly encouraging 13- and 14-year-old children to fight.

Police arrested Tina M. Krueger , 36, of Holley; David E. Brege, 30, of Holley; and Launey M. Dambra, 35, of Holley.

In addition to endangering the welfare of a child, they also have been charged with disorderly conduct.

The fight was supervised and allowed to take place by parents of the children involved and an additional adult, Holley Police Chief Roland Nenni said.

The fight was also captured on video by other bystanders. The video clearly shows the adults watching and encouraging the conduct, Nenni said.

The Holley Police Department was assisted in the investigation by the Holley Central School District.

Further details and video footage obtained will not be released to protect the identity of the children involved, Nenni said.

The three adults charged were arraigned in the Murray Town Court and released in their own recognizance. Krueger and Brege are to return to court on May 17. Dambra is to return to court on June 14.

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Albion man now facing drug charges while out of jail awaiting sentencing

By Tom Rivers, Editor Posted 5 May 2017 at 4:57 pm

Andrew Coley

ALBION – An Albion man who will be sentenced in Orleans County Court on June 19 for endangering the welfare of a child is now facing felony drug charges.

Andrew Coley, 19, of 160 Platt St. was charged on Thursday with three counts each of third-degree criminal sale and criminal possession of a controlled substance in the third degree. He is accused of being part of the sale and distribution of crack cocaine in Orleans County.

Police did a search warrant on Coley in Holley and also searched an apartment in Medina at 11105 Telegraph Rd., Room 7.

The Orleans County Major Felony Crime Task was assisted by the Holley and Medina police departments in conducted the search warrants.

Coley was arraigned in Ridgeway Town Court by Town Justice Joseph Kujawa, who remanded Coley to the county jail on $100,000 cash bail. Coley is to appear in Ridgeway Town Court on May 9 at 9 a.m.

The Task Force said further arrests and charges are pending.

Coley and a 17-year-old girl were arrested at a motel on Oct. 6 after being found with cocaine and a 15-year-old runaway.

The drug charges were dropped against the two defendants because a search warrant wasn’t properly executed in the case and that evidence couldn’t be used.

Coley and the 17-year-old pleaded guilty on April 3 to endangering the welfare of a child for exposing the 15-year-old to drugs and alcohol. Coley and the 17-year-old admitted in court to having alcohol and cocaine in the motel room.

They face a maximum of a year in jail when they are sentenced June 19 for endangering the welfare of a child.

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2 plead guilty and could be sentenced to state prison

By Tom Rivers, Editor Posted 2 May 2017 at 3:16 pm

ALBION – Two people pleaded guilty in Orleans County Court on Monday and could be sentenced to state prison.

Harold D. Hill Jr., 38, of Lockport admitted he had cocaine on July 6, 2016 when he was arrested at Salt Works Road in Medina.

District Attorney Joe Cardone said Hill had the cocaine, which weighed 0.65 ounces, concealed in his mouth.

Hill pleaded guilty to attempted criminal possession of a controlled substance in the third degree, which normally carries a maximum of 8 years in state prison.

As part of a plea deal, Hill will face no more than 5 years in state prison and up to two additional years of post-release supervision.

He will be sentenced on June 26.

A Holley resident also pleaded guilty to violating his probation. Kevin A. Truesdell, 39, of Hurd Road has multiple prior convictions for driving while intoxicated.

He was arrested for DWI on Dec. 15. He also was driving without a license and was charged with aggravated unlicensed operation of a motor vehicle in the first degree.

As part of a plea deal, he will face a maximum sentence of 1 to 3 years in state prison when he is sentenced on June 5.

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3 arrested for allegedly selling crack cocaine in Albion

Staff Reports Posted 2 May 2017 at 10:17 am

Provided photo: Police seized 113 bags of crack cocaine, cash and other drug paraphernalia in Albion on Monday.

ALBION – Three people have been arrested after an investigation into the sale and distribution of crack cocaine from Rochester to the village of Albion, the Orleans County Major Felony Crime Task Force is reporting.

Shanya Beasly

The Task Force worked with the Albion Police Department and the Orleans County Multi-Agency SWAT Team is executing a search warrant at 201 West Ave. in Albion on Monday.

Police seized 113 individual bags of crack cocaine packaged for sale, cash, scales, packaging and other drug paraphernalia. An aggressive pitbull also was encountered during the execution of the search warrant and was subsequently removed by animal control officers, the Task Force said.

The following were arrested:

Virginia Rivera

• Shanya Beasley, 38, of 73 Kingston St., Rochester. She was charged with 4 counts of criminal sale of a controlled substance in the third degree (Class B felonies) and 6 counts of criminal possession of a controlled substance in the third degree (Class B felonies).

Beasley was arraigned in Clarendon Town Court by the Town Justice Thomas DiFante. She was committed to the Orleans County Jail on $50,000 cash bail or $100,000 bond.

• Virginia A. Rivera, 36, of 201 West Ave., Albion. She was charged with 1 count of criminal sale and 3 counts of criminal possession of a controlled substance in the third degree (Class B felonies).

Rivera was arraigned by DiFante, who set bail at $5,000 cash or $10,000 bond.

Lamar Nelson

• Lamar L. Nelson, 28, of 1064 Monroe Ave., Rochester. He was charged with 2 counts of criminal possession of a controlled substance in the third degree (Class B felonies).

Nelson was arraigned by DiFante, who did not set bail due to Nelson’s previous criminal history. He was committed to the Orleans County Jail. Nelson is currently on federal probation and a detainer was filed with the Orleans County Jail.

All three are to appear in Albion Town Court on May 5 at 9 a.m.

The Task Force said the investigation is ongoing and further charges and arrests are pending.

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Texas man gets 7 years for bringing kilo of cocaine to Orleans

By Tom Rivers, Editor Posted 2 May 2017 at 9:46 am

ALBION – A Houston, Texas man was sentenced to seven years in state prison by Orleans County Court Judge James Punch on Monday.

Daniel Guzman

Daniel Guzman and a co-defendant were arrested on June 17 for trying to smuggle a kilo of cocaine from Texas into Orleans County. It was the largest cocaine seizure in Orleans County history.

As part of a plea deal, Guzman, 29, faced up to 7 years in state prison. Punch gave Guzman the maximum.

A co-defendant, Luis Alberto Sanchez-Garza, 31, of Mexico has pleaded guilty and is awaiting sentencing on June 5.

Both men pleaded guilty to criminal possession of controlled substance in the second degree.

Law enforcement searched a vehicle on June 17 after getting a warrant. Police heard from an informant that Guzman and Sanchez-Garza were allegedly bringing the cocaine to Orleans County.

Police, including the Albion K9, searched the vehicle that was stopped on East Avenue in Albion and found 1 kilogram (2.2 pounds) of cocaine hidden in the engine compartment.

District Attorney Joe Cardone praised law enforcement for intercepting the cocaine, which was targeted for sale in Orleans County. Getting the drug off the street spared the community some misery from the drug, Cardone said.

In two other sentencings:

• A Gaines resident who was facing a felony weapons charge was spared going to jail.

John P. Klotzbach, 66, of Ridge Road pleaded guilty to criminal possession of a weapon in the fourth degree, which could have included a year in the county jail.

Punch said Klotzbach doesn’t have a serious criminal history. The judge gave Klotzbach a one-year conditional discharge where he is not allowed to have firearms or ammunition. Klotzbach must also pay a $200 court curcharge and $50 DNA fee.

In a previous court appearance, Klotzbach admitted he had a shortened shotgun on May 20, 2016. The judge asked Klotzbach is the gun was operable, and Klotzbach said it was.

Klotzbach was charged about a year ago following an investigation by the Task Force, the U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Orleans County Sheriff’s Office.

Klotzbach allegedly attempted to purchase a shotgun and refused to complete the required ATF form 4473 for the federal background check and was subsequently denied the purchase.

Several days later, a female acquaintance allegedly went into the gun store and wanted to purchase the same gun that Klotzbach attempted to buy. The gun store owner became suspicious when he noticed the woman was riding in the same vehicle as Klotzbach, as well as attempting to purchase the same gun that Klotzbach wanted. The store owner then contacted law enforcement authorities.

• A Kent resident was sentenced to 1 to 3 years in state prison for felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree.

Daniel Flanagan, 31, of Bills Road was given the maximum sentence as part of a plea deal. He admitted he had been drinking alcohol when he was stopped Dec. 7, 2013 on East State Street in Albion. Flanagan registered a Blood Alcohol Content of 0.23 percent and also was driving without a license.

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Police arrest Ridgeway resident who eluded law enforcement on Saturday

By Tom Rivers, Editor Posted 1 May 2017 at 6:03 pm

Gerardo Quiros faces numerous felonies; bail set at $200K

Gerardo Quiros

RIDGEWAY – A Ridgeway man who eluded police Saturday in a manhunt was arrested today.

The Orleans County Sheriff’s Office charged Gerardo Quiros, 30, of Ridge Road with multiple crimes. Quiros allegedly committed acts of violence against a female acquaintance during a domestic incident where he reportedly would not allow the victim to leave the residence, locked her in a bathroom, smashed her cell phone when she attempted to call 911, obstructed her breathing and punched her in the head, Undersheriff Chris Bourke said.

When deputies returned to make contact with Quiros, he fled into a wooded area behind his house. A search of the area lasted several hours. The concentrated search was discontinued when Sheriff’s officials were confident Quiros had left the immediate area. Investigators were able to develop intelligence on Quiros and he was arrested by the Niagara County Sheriff’s Office and Lockport Police today at about 2 p.m., Bourke said.

Quiros was arraigned by Justice Dawn Keppler in the Town of Ridgeway Court on the following charges: strangulation in the 2nd degree (felony), criminal mischief in the 3rd degree (felony), unlawful imprisonment 2nd degree, harassment in the 2nd degree, criminal possession of a controlled substance 7th degree, and criminally using drug paraphernalia in the 2nd degree. Additional charges are pending.

Bail was set at $200,000 cash and $200,000 bond. Quiros was remanded to the custody of the sheriff and is scheduled for a preliminary hearing in the Town of Ridgway Court on May 5 at 9 a.m.

The Sheriff’s Office was assisted by the Orleans County Sheriff’s Office Multi-Jurisdictional SWAT Team, Genesee County Multi-Jurisdictional SWAT Team, Niagara County Aviation and K-9 Teams, State Police Aviation and Road Patrol, Medina Police Department, Albion Police Department, NYSDEC Police and the Lyndonville Police Department.

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Hilton woman gets prison for having heroin

By Tom Rivers, Editor Posted 24 April 2017 at 4:45 pm

ALBION – A Hilton woman was sentenced to 1 ½ years in state prison today for criminal possession of a controlled substance in the fifth degree.

Sara Harris, 35, face 1 to 2 ½ years in prison as part of a plea deal. She was found with heroin and pills in her vehicle when she was stopped in Murray on Oct. 26 by the Orleans County Sheriff’s Office.

Harris allegedly had two amphetamine pills and 18 small, plastic bags which field tested positive for heroin. Harris said in court on Feb. 6 that some of the heroin was for her personal use and some she also intended to sell.

She apologized for the crime today. “I regret it very much,” she told James Punch, the Orleans County Court judge.

Her attorney, Michael O’Keefe, asked for Probation for Harris so she could be in an in-patient drug addiction program.

Punch said Harris has been on probation before and continued to commit crimes, putting herself and the public at danger.

In addition to state prison, Harris will be on post-release supervision for one year and had her driver’s license suspended for 6 months.

In other cases in County Court:

• A Rochester man admitted he had cocaine and sold it in Albion on Feb. 15.

Jeffrey R. Magee, 35, of Parsells Avenue pleaded guilty to attempted criminal possession of a controlled substance in the third degree, which normally carries up to 8 years in state prison.

As part of a plea deal, Magee will face up to 4 ears in state prison when he is sentenced on July 10 at 2 p.m.

He remains in the county jail on $100,000 bail.

• A 17-year-old from Rochester pleaded guilty to having cocaine and trying to sell it in Albion on March 29.

The defendant is a potential youthful offender with no prior felonies. Because he is a likely YO, Orleans Hub won’t publish his name. The 17-year-old will be sentenced on July 10. Because he doesn’t have a prior criminal record, Judge Punch reduced his bail from $20,000 to $2,500.

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Kendall man pleads guilty to child pornography

By Tom Rivers, Editor Posted 24 April 2017 at 4:06 pm

David Perry Sr.

ALBION – A Kendall man, already serving a 4-year prison sentence for molesting girls, pleaded guilty in Orleans County Court today to possessing an obscene sexual performance by a child.

David Perry Sr., 68, of Norway Road was sentenced to 4 years in state prison on Dec. 13. Perry pled guilty previously to sexual abuse and endangering the welfare of five girls ranging in age from 13 to 15. (Perry is now an inmate at the Elmira Correctional Facility.)

Law enforcement had a search warrant for Perry’s house and computer and discovered approximately 15,000 images of suspected child pornography on Perry’s devices that were submitted for analysis. Many of the images found were children between the ages of 2 and 9 years of age, police said.

In court this afternoon, Perry admitted to having downloaded a video showing a prepubescent girl having sex with a man.

As part of a plea deal, he could spend up to 4 more additional years in prison. The maximum sentences will be 1 to 3 years or 1 1/3 to 4 years of additional time in prison. He will be sentenced on Aug. 7.

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Kent man pleads guilty in hit-and-run where girl struck on bike

By Tom Rivers, Editor Posted 18 April 2017 at 12:01 pm

ALBION – A Kent resident has pleaded guilty in a hit-and-run last summer when a girl was struck on her bike.

Jeffrey P. VanNostrand, 52, pleaded guilty in Orleans County Court to reckless endangerment in the first degree and driving while intoxicated.

VanNostrand will be sentenced on May 23 and could face a maximum of 1 1/3 to 4 years in state prison.

He was driving on Aug. 16 when he allegedly struck a child on a bicycle at 8:47 p.m. on Baker Road. The girl was injured and transported to Strong Memorial by Mercy Flight.

VanNostrand allegedly fled the scene and turned himself in the following morning.

Judge James Punch recused himself from the case. The judge in December said the case is very similar to another hit-and-run with VanNostrand in 1989 where a girl was injured.

The judge said he remembered the details from the 1989 case, back when he was district attorney in Orleans County. Punch said the latest incident with VanNostrand is “infuriating” given the prior incident.

Judge Sara Sheldon handled the case after Punch recused himself.

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Medina man gets year in jail for endangering welfare of child

By Tom Rivers, Editor Posted 18 April 2017 at 11:45 am

ALBION – A Medina man was sentenced to a year in the Orleans County Jail on Monday for endangering the welfare of a child.

Judd A. Farewell Jr., 24, of Countyline Road allegedly tried to solicit an underage girl to send him naked pictures of herself. Farewell gained access to the alleged victim through social media.

“You acted in a predatory manner using the internet to solicit a young girl,” Judge James Punch told Farewell during sentencing.

The judge also issued orders of protection for the victim and her mother.

Farewell has already spent several months in jail, and that time will count towards his sentence. He was also ordered to pay a $200 court surcharge and $50 DNA fee.

The following appeared for arraignments:

• Brionnah L. Raglan, 21, of Medina is charged with third-degree grand larceny and criminal mischief. Raglan and two other co-defendants are accused of smashing a truck window and stealing an envelope containing $8,000 in Clarendon.

The two other co-defendants – Devon Robinson, 23, of Rochester and Jade Fayko, 21, of Holley – were arraigned on April 3.

District Attorney Joe Cardone said the stolen money hasn’t been recovered.

Raglan was released with no bail.

• Laura L. Spear, 49, of Shelby is charged with third-degree grand larceny and second-degree forgery for allegedly stealing and using her mother’s credit card. Spear has no prior criminal history and is free on no bail.

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Judge sets bail at $200K for parolee who allegedly stole car and crashed into Murray garage

By Tom Rivers, Editor Posted 18 April 2017 at 9:48 am

ALBION – An Orleans County resident who recently was released from prison now faces numerous charges after he allegedly stole a car and drove while under the influence of alcohol and drugs.

Joshua D. Biaselli, 33, was arraigned in Orleans County Court on Monday. Judge James Punch set bail at $200,000.

The judge cited Biaselli’s criminal history, with four prior felonies, numerous misdemeanors and two escapes.

Biaselli is accused of stealing a car from a person delivering pizzas on Feb. 10. Biaselli then allegedly crashed the vehicle into a garage on Gulf Road in Murray.

He was allegedly driving drunk and high from using cocaine and marijuana.

Biaselli was released from state prison in Elmira in January after serving more than five years in prison for felony DWI, bail jumping and drug convictions.

He was arraigned on Monday two counts of DWI, driving while impaired by drugs or a combination of drugs and alcohol, first-degree aggravated unlicensed operation, fourth-degree criminal possession of stolen property and two counts of criminal mischief.

Biaselli was an inmate in Attica Correctional Facility when his grandmother, Elsie Biaselli, then 70, was arrested twice and charged with smuggling drugs to him. That led to felony charges against both of them.

Elsie Biaselli, 73, was recently released from state prison after being convicted promoting prison contraband by bringing drugs to Attica. She also was convicted of offering a false instrument for lying on her pistol permit and welfare application.

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Judge sets bail at $75K for Medina man arraigned on first-degree assault

By Tom Rivers, Editor Posted 10 April 2017 at 8:40 pm

ALBION – A Medina man who allegedly brutally beat up another man and then left the scene without calling for an ambulance was arraigned in Orleans County Court today on charges of first-degree assault, which could carry a maximum of 25 years in state prison.

Jessy Miller, 30, of 525 West Ave., Apartment 2, allegedly beat up another person on Dec. 17 during a party at Ricky Place in Medina.

The victim was hospitalized and had to be put in a coma as part of his recovery, according to the District Attorney’s Office.

Miller has several past charges, including an assault, menacing with a weapon, weapons, refusing to obey court orders, and also has a failure to appear in court, Judge James Punch said during the arraignment.

The judge set bail at $75,000 given that criminal history.

Miller is represented by attorney Nathan Pace, who said Miller is a low flight risk and doesn’t need a high bail.

In another arraignment today in Court Court, Daniel F. Heberle, 45, of 17255 Lakeshore Rd. in Hamlin appeared in court on charges of aggravated unlicensed operation of a motor vehicle in the first degree and for misdemeanor driving while intoxicated.

He was charged on Jan. 28 and allegedly had a Blood Alcohol Content of 0.14 percent. H e was stopped on Norway Road in Kendall.

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4 are sentenced in Orleans County Court

By Tom Rivers, Editor Posted 10 April 2017 at 5:24 pm

ALBION – Four people were sentenced in Orleans County Court this afternoon, and three will be going to either the county jail or state prison.

• Jessica D. Hale, 26, of South Avenue in Medina was sentenced to nine months in jail for felony driving while intoxicated.

Hale, in a previous court appearance, said she had been drinking vodka when she was stopped by police on Sept. 29 on West Avenue in Shelby. Her Blood Alcohol Content was 0.17 percent two hours after being arrested.

Her attorney Nathan Pace asked for no jail time and probation only, saying she had a job lined up and had received treatment through GCASA.

County Court Judge James Punch said Hale had been on probation before and had been arrested twice while on probation.

She also will have to pay a $520 court surcharge, $50 fine, have her driver’s license suspended for a year and must install a interlock device that measures BAC in the future when she is driving.

• A Holley woman was sentenced to a year in state prison and one year of post-release supervision for violating her probation. Jennifer McCarthy-Conklin, 41, was previously sentenced to the county jail for criminal possession of a controlled substance in the fifth degree.

She violated several conditions of her probation, including using crack cocaine on several occasions, she admitted to Judge Punch.

Derrick Cooper, 23, was sentenced to 1 1/3 to 4 years in state prison for violating his probation.  Punch said Cooper committed “a very disturbing crime” to be on probation and then had a “poor performance on probation.”

• Anthony O. Durant, 49, of Niagara County was sentenced to two years probation for driving while intoxicated. Durant was charged in Albion in December and had a BAC of 0.12 percent.

Punch revoked Durant’s license for six months, and also said he needs to pay a $395 court surcharge and install an interlock device in the future when he’s driving.

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Medina teen admits assault at party, could be sentenced to 4 years in prison

By Tom Rivers, Editor Posted 10 April 2017 at 4:24 pm

ALBION – A Medina teen admitted to stabbing a Buffalo man near his heart and lung at a house party on Nov. 6 in Ridgeway.

Lucas Porter admitted in court today he stabbed the man at a party. Porter said the other man did not have a knife.

“Did you intentionally harm him?” Judge James Punch asked Porter.

“Yes, your honor,” Porter responded.

Porter, 18, just missed stabbing the man in his heart, but did puncture his lungs. The victim was hospitalized in intensive care for 10 days. He has recovered enough to have the charges downgraded from first-degree to second-degree assault.

Porter accepted a plea deal in Orleans County Court today. Second-degree assault normally carries a maximum of 7 years in state prison. Porter, as part of the plea deal, would face up to 4 years in state prison.

Porter said he had been drinking at the party.

He also admitted guilt to violating probation today. Porter has been on probation after being charged with a burglary in Albion in March 2015.

He could be sentenced to 1 1/3 to 4 years in state prison for violating probation.

Porter will be sentenced on July 3 at 2 p.m.

Porter was a star of Medina’s varsity football team this past season, earning a spot on the annual All-Western New York football squad.

The team was undefeated in its division during the regular season. Porter had a team-leading 6 interceptions, 2 fumble recoveries and 55 tackles.

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