county court

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

Posted 3 June 2023 at 8:04 am

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

Stephen Nicot

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

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

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

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

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

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

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

2 are sentenced to incarceration by county court judge

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3 are sentenced to incarceration including former Lyndonville village trustee

By Tom Rivers, Editor Posted 18 May 2023 at 10:39 am

ALBION – Three people were sentenced to incarceration in Orleans County Court on Wednesday, including a former Lyndonville village trustee.

Darren Wilson, 62, will spend weekends in the county jail for four months also be on probation for 10 years, Judge Sanford Church decided at sentencing.

Wilson pleaded guilty on March 29 to possessing a sexual performance of a child. He was arrested by state police in May 2022 for child pornography and weapons charges. He had three unregistered pistols.

Wilson, who also served as president of Lyndonville Lions Club and president of the Lyndonville Area Foundation, apologized in court on Wednesday.

“The remorse and shame that I have is as deep as it gets,” he told Judge Church. “I put my family, my friends close to me and my community through Hell.”

Wilson has been receiving sex offender counseling and going to a psychiatrist, his attorney Herbert Greenman said.

He noted many letters have been submitted to court testifying about Wilson’s many good deeds in the community.

“He has accepted what he has done, he is ashamed of what he has done and he wants to get better,” Greenman said.

He asked for no incarceration for Wilson. As part of a plea agreement, Wilson could have faced up to six months in jail and 10 years of probation.

Church decided some incarceration was needed given that Wilson viewed pornography of underage girls and had three weapons he must have known weren’t registered. The judge gave him weekends so he could continue to receive counseling.

Wilson also was ordered to pay $2,425 in court fines and surcharges. The judge also set a hearing on Aug. 16 to determine what level of sex offender Wilson will be on the sex offender registry.

In other cases:

Paul Morrow, 43, of Medina was sentenced to 1 1/3 to 3 years in prison for felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Morrow was in an accident in the Medina school parking lot on Jan. 24. He has a previous DWI in 2016.

Patricia Capen of Lyndonville was sentenced to 364 days in jail for fourth-degree grand larceny. Capen admitted in court that on Jan. 25 she took 10 to 12 gel blaster guns from the Walmart in Albion which are valued at $1,470.

Capen is a first-time felony offender but has several other misdemeanors. She said a drug problem has fueled her crimes. She said Vivitrol can help to stop her drug cravings.

Noah Rowlett, 21, formerly of Albion was arraigned on second-degree rape for allegedly having sex with an underage female last summer. Rowlett answered the charge, returning from Arkansas.

Public Defender Joanne Best said Rowlett wasn’t absconding or fleeing the charge by going to Arkansas.

The judge set bail at $5,000 cash or $50,000 for a partially secured bond, and issued an order of protection.

2 sentenced to state prison for burglaries in Orleans County

By Tom Rivers, Editor Posted 10 May 2023 at 11:36 am

ALBION – Two people were sentenced to state prison today for burglaries in Orleans County.

Judge Sanford Church sentenced Brandon Fuller of Medina and Bryton M. Hitzges of Albion to 2 to 6 years in state prison.

Fuller, 28, admitted to the burglary during a County Court appearance on March 8. He also admitted to having two stolen vehicles and to breaking into a barn.

He pleaded guilty to two counts of criminal possession of stolen property in the fourth degree and third-degree burglary.

Judge Church gave him the maximum as part of a plea deal. Fuller also needs to pay $583 in restitution and an order of protection was issued for one of the victims.

Fuller was most recently charged on Feb. 1 after a high-speed vehicle pursuit from Route 31A in Barre to near Redman Road in Brockport.

His attorney Christian Catalano asked the judge for a furlough in the sentence so Fuller could assist his father in the aftermath of a fire in Medina on April 9 at 613 Main St. Fuller’s father lost his home and business in the blaze.

Judge Church declined the request.

“I can’t justify releasing him for any reason,” Church said.

Hitzges, 20, pleaded guilty on March 8 to third-degree burglary. He admitted to breaking into a West Avenue building in Albion on Dec. 30 to steal items.

He could have faced 2 1/3 to 7 years in prison. Church gave him less than the maximum at 2 to 6 years.

The sentence satisfies other charges against Hitzges. He is suspected in several burglaries to dwellings, garages, sheds and larcenies from vehicles.

He also was ordered to pay $85 restitution for a broken window and an order of protection was issued.

In another case in court today, Trey Hart, 25, of Albion pleaded guilty to aggravated criminal contempt in the first degree. He admitted to violating an order of protection and having physical contact with a woman he was supposed to stay away from.

Hart allegedly struck the woman on Jan. 7, causing severe bruising on her eye and putting her in pain for weeks, said Susan Howard, the assistant district attorney.

Hart could be sentenced up to six months in the county jail and be on probation for five years when he is sentenced on July 12.

Holley man sentenced to 9 months in jail for firing shotgun at vehicle

By Tom Rivers, Editor Posted 29 March 2023 at 2:19 pm

ALBION – A Holley man was sentenced to 9 months in the Orleans County jail today by County Court Judge Sanford Church.

Brandon Belski, 27, of Holley received the maximum sentence as part of a plea deal for first-degree reckless endangerment, a class D felony.

He admitted previously in court that on April 1, 2022 he pointed a shotgun at someone in a car and discharged the gun, hitting tires on the passenger side of the vehicle.

In other cases in court today:

Darren Wilson, 62, of Lyndonville pleaded guilty to possessing a sexual performance of a child, and could face up to six months in the county jail and 10 years of probation.

Wilson admitted he possessed images showing sexual conduct of a child under age 16. Wilson said in court he knew it was pornography and shouldn’t have had it.

He will be sentenced on May 17 and could face an additional $1,000 fine and could become a registered sex offender, Judge Church said.

Kreisandra Colon, 32, of Lyndonville was terminated from a treatment court option and after failing to meet conditions of the court. She acknowledged she used cocaine and attempted to bring in urine for a drug test so her urine wouldn’t show she had been using cocaine.

Colon said she wants to stop using drugs, but has struggled.

She will be sentenced on May 31 on a charge of endangering the welfare of a child. She allegedly had been using drugs in front of a child. The judge ordered her to be held in jail until sentencing.

Man arraigned for assault of elderly Carlton resident

By Tom Rivers, Editor Posted 22 March 2023 at 3:03 pm

ALBION – A man was arraigned in Orleans County Court this morning for second-degree assault and second-degree strangulation for allegedly choking and hitting an 85-year-old man.

Andrew Coley, 25, was living with the victim at the time, according to the District Attorney’s Office.

Coley, a former Albion resident who now lives in Rochester, entered not guilty pleas in court today. He has already posted a $25,000 bond for bail, which remains at that level.

Coley also is accused of refusing to take the injured man to the hospital. His attorney, Zack Baisley, disputed that in court today.

Judge Sanford Church issued a temporary order of the protection for the victim who has suffered partial paralysis, according to the DA’s office.

In other cases in court today:

• The judge sentenced Andre Shine, 39, of Medina to four months of weekends in the county jail, plus a year of a conditional discharge. Shine pleaded guilty to endangering the welfare of a child for providing alcohol and marijuana to an underage girl.

Imani Williams, 33, an incarcerated woman at the Albion Correctional Facility, pleaded guilty to attempted assault in the second degree.

She said she struck another inmate with her hand after being pushed by that inmate. That person suffered facial lacerations and an orbital fracture, and suffered substantial pain from the injuries, said Susan Howard, assistant district attorney.

Williams accepted a plea deal where she faces 1 ½ to 3 years of additional time in state prison. She was headed to a trial starting on April 3 and could have faced a longer sentence if convicted of second-degree assault.

She will be sentenced on May 31.

3 are sentenced to incarceration by County Court judge

By Tom Rivers, Editor Posted 15 March 2023 at 1:49 pm

ALBION – Three people were sentenced today to incarceration by Orleans County Court Judge Sanford Church.

Patrick Casanova, 29, of Medina received the longest sentence with 2 to 4 years in state prison.

Casanova pleaded guilty to second-degree assault in a previous court appearance. He admitted to punching a woman in the face in Aug. 11, which fractured her orbital bone and damaged her sinus.

• Gerald Berg of Lee Center in Oneida County was sentenced to four months of weekends in the county jail plus five years of for attempted promoting prison contraband in the second degree.

Berg admitted to trying to bring fentanyl to the Albion Correctional Facility on July 23. He told the court he was aware it was a dangerous substance for someone to use.

• Austin Buzzard, 24, of Carlton was sentenced to 60 days in the county jail plus three years of probation for criminal trespassing in the third degree and petty larceny. He admitted to entering a garage without permission and taking a four-wheeler that wasn’t his. He needs to pay $510 in restitution.

Buzzard could have faced up to 364 days in jail. He told Judge Church he is eager to get back to working and being a productive citizen. Buzzard has struggled with his health since he was shot four times in Rochester last July 19 while doing an estimate for a paving company. Buzzard said he had a final surgery on Jan. 15 and is finally feeling better.

• Nicholas Amos, 43, of Medina pleaded guilty to attempted assault in the second degree and could face up to six months in the county jail and five years of probation. Amos was in an altercation with five different people on Oct. 9 in Medina.

• Paul Morrow, 43, of Medina pleaded guilty to felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the second degree. He was charged in Medina on Jan. 24 and has a previous DWI in 2016. He could face a maximum of 3 to 4 years in state prison when he is sentence don May 17, as well as a fine up to $1,000 and court surcharges and fees of $520.

Medina man admits to burglary and possessing 2 stolen cars, could face state prison

By Tom Rivers, Editor Posted 9 March 2023 at 12:26 pm

ALBION – A Medina man admitted in Orleans County Court that he was in possession of two vehicles and also broke into a barn.

Brandon Fuller, 28, pleaded guilty to two counts of criminal possession of stolen property in the fourth degree and third-degree burglary. He could face 2 to 6 years in state prison when he is sentenced on May 10.

Fuller admitted in county court on Wednesday that he had a 2005 Ford 500 passenger vehicle on Nov. 15 and 2005 Chevrolet Silverado on Feb. 1. Both vehicles were stolen and in either fairly good or good condition.

Fuller also admitted that on Sept. 30 he entered a barn on Gaines Basin Road without permission. Fuller had items stacked up by doors of the barn, and was hiding from law enforcement when they were called to the scene, Assistant District Attorney Susan Howard told County Court Judge Sanford Church.

Fuller was most recently charged on Feb. 1 after a high-speed vehicle pursuit from Route 31A in Barre to near Redman Road in Brockport.

Fuller’s plea agreement on Wednesday also will satisfy other misdemeanors charges he faces, as well as violations of probation.

In other cases in court on Wednesday

• Bryton M. Hitzges, 20, of Albion pleaded guilty to third-degree burglary. He admitted to breaking into a West Avenue building in Albion on Dec. 30 to steal items.

He could face a maximum of 2 1/3 to 7 years in state prison when he is sentenced on May 10.

The plea satisfies other charges against Hitzges. He is suspected in several burglaries to dwellings, garages, sheds and larcenies from vehicles.

As part of the plea he needs to pay $85 restitution for a broken window and could be fined up to $5,000.

• Patricia Capen of Lyndonville pleaded guilty to fourth-degree grand larceny and could face up to a year in the county jail when she is sentenced on May 10. Capen admitted in court that on Jan. 25 she took gel blaster guns from the Walmart in Albion which are valued at $1,470.

• Robert Quinonez, a former inmate at the Orleans Correctional facility, pleaded guilty to attempted assault after he kicked a corrections officer. Quinonez, 22, could be sentenced to an additional 1 ½ to 3 years in state prison. He is now at the Five Points Correctional Facility in Romulus, Seneca County.

Man gets state prison for damaging laundromat, stealing rifle

By Tom Rivers, Editor Posted 2 March 2023 at 8:44 am

ALBION – A man who caused about $3,000 in damage to laundry machines and also stole a rifle was sentenced to 1 to 3 years in state prison on Wednesday.

Richard J. Capen pleaded guilty to criminal mischief in the third degree and grand larceny in the fourth degree during a court appearance on Nov. 30.

Orleans County District Attorney Joe Cardone asked County Court Judge Sanford Church for state prison for Capen.

The judge imposed the sentence of a minimum of a year in prison and maximum of three years. Capen also needs to pay $3,250 in restitution to Richard Colonna, owner of Washboard Willy’s, and $586 to the owner of the stolen rifle.

The judge also issued orders of protection for eight years for Colonna and his Washboard Willy’s locations, and the gun owner.

Capen also needs to pay a $300 court surcharge, $50 DNA fee and $25 crime victims’ fee.

In another case in court on Wednesday, Travis Bloom, 30, of Medina was arraigned on eight counts of first-degree criminal contempt. Bloom allegedly called a person eight times while he was in the county jail and that person had an order of protection from him.

Case will proceed against man accused of attack on Holley police officer

By Tom Rivers, Editor Posted 23 February 2023 at 3:36 pm

David Simoni deemed competent to assist in his defense

ALBION – A Holley man who spent more than a year in a Rochester psychiatric facility has been deemed competent to aid in his own defense and the case against him will proceed, County Court Judge Sanford Church ruled today in court.

David Simoni, 34, was charged with attempted murder on June 15, 2021 after he allegedly lunged at a Holley police officer, attempting to stab him, when the officer was dispatched to the Holley waterfalls on Frisbee Terrace that evening.

Simoni has been transferred from the psychiatric facility to the Orleans County Jail where he remains on $50,000 cash bail and $100,000 bond.

Simoni was allegedly walking around that day with a knife antagonizing people, Robert Barton, Holley police chief, said a day after the incident.

Simoni also has been arraigned on menacing a police officer, reckless endangerment in the first degree, attempted assault with intent to cause physical injury with a weapon, menacing in the second degree, criminal obstruction of breathing, criminal possession of a weapon in the fourth degree, criminal mischief with intent to damage property, acting in an injurious manner to a child younger than 17, and resisting arrest.

District Attorney Joe Cardone said the case against Simoni will now proceed through the court process.

In other action in court today:

Joe A. Cortez, 40, of Batavia pleaded guilty to second-degree criminal contempt for violating an order of protection. He could face up to nine months in the county jail when he is sentenced.

Cortez also is facing a more serious charge of first-degree rape and third-degree rape in Genesee County for allegedly having forcible sexual intercourse with a juvenile victim under the age of 17.

Buffalo man gets state prison for taking construction supplies form Medina company

By Tom Rivers, Editor Posted 15 February 2023 at 11:00 am

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

Dennis Bach, 36, pleaded guilty on Nov. 16 to to fourth-degree grand larceny. He admitted to taking about $11,000 worth of construction supplies from Pride Pak in Medina.

Judge Church ordered Bach to pay restitution to Pride Pak and also issued an order of protection for Bach to stay away from the company’s property on Maple Ridge Road.

Bach’s attorney Jeffrey Malaber asked the judge to sentence Bach to five years of probation so he could work and support his family. Malaber said this is Bach’s first felony conviction.

“He stands prepared to prove to the court that this isn’t who he is and won’t be who he is going forward,” Malaber told the judge.

Judge Church said he will recommend the option of shock camp in prison, which could be a sentence of about six months if the Department of Corrections accepts Bach into the program.

Medina man sentenced to 3 ½ years in state prison for robbery

By Tom Rivers, Editor Posted 25 January 2023 at 4:27 pm

ALBION – A Medina man was sentenced to 3 ½ years in state prison today by Orleans County Court Judge Sanford Church.

Brennen D. Callara, 24, was sentenced for first-degree attempted robbery and petty larceny. He faced a maximum of 4 years in prison as part of a plea agreement. The judge gave him less than the maximum.

Callara admitted in a previous court appearance that he threatened a cashier at Crosby’s in Medina on July 20 by displaying a knife and demanding money. Callara also admitted to stealing a chain saw sharpener from Tractor Supply in Medina on Aug. 30.

The sentencing also satisfies other charges he faced in Shelby and Ridgeway courts.

In another case, Brandon Belski, 27, of Holley pleaded guilty to first-degree reckless endangerment, a class D felony.

He admitted in court today that on April 1 he pointed a shotgun at someone in a car and discharged the gun, hitting tires on the passenger side of the vehicle.

As part of a plea, he will face up to 9 months in the county jail when he is sentenced on March 29.

3 sentenced in County Court, including Genesee man for 3 to 6 years in prison

By Tom Rivers, Editor Posted 18 January 2023 at 1:41 pm

ALBION – Three people were sentenced to incarceration today by Orleans County Court judge Sanford Church.

Travis Cook, 34, of Le Roy received the longest sentence at 3 to 6 years in state prison for third-degree burglary and third-degree criminal possession of a weapon.

Cook in May took a wallet from a vehicle in someone’s garage. The wallet had four credit cards. He also had a handgun without a license, and is accused of taking a bottle with pills, and attempting to steal from another vehicle. District Attorney Joe Cardone said Cook threw a loaded firearm out onto the road when he was pursued by law enforcement.

A Lockport man was sentenced to two months of intermittent jail and five years probation for first-degree criminal contempt for violating an order of protection.

Dana Scott, 45, apologized in court. He asked he be allowed to continue running his business so he can support his children.

The judge sentenced him to two days a week in the county jail, as well as probation.

Cardone, the district attorney, asked for some incarceration because Scott entered the home of a woman at night in Ridgeway and took some of her property, despite an order of protection. Cardone said he is concerned the situation could escalate.

“There has to be consequences for violating an order of protection when there is aggression towards other people, particularly females,” Church said.

Scott was fined $1,000 and ordered to take a domestic violence class.

The victim of the crime has since asked the order of protection be removed, and the judge agreed to that in court today.

Darius Jones, 31, was sentenced to 1 ½ to 3 years in state prison for promoting prison contraband. He sharpened plastic to resemble an ice pick, creating a dangerous situation in the prison.

Jones already is serving a 12 to 15 year sentence for crimes in Genesee County. He now is incarcerated at the Wende Correctional Facility in Alden, Erie County.

3 sentenced to state prison by county court judge

By Tom Rivers, Editor Posted 11 January 2023 at 4:15 pm

ALBION – Three people were sentenced to state prison today by Orleans County Court Judge Sanford Church.

Isaiah Casanova, 22, of Medina was sentenced to a minimum of 2 years and a maximum of 4 years in state prison for third-degree criminal possession of a weapon and violating his probation.

Casanova admitted in a previous court appearance that he driving a vehicle in August that had a 9 mm gun in the glove compartment. As a prior convicted felon, he isn’t allowed to have a gun. He also was driving a vehicle with a suspended registration.

Casanova apologized in court today. His attorney Ian Penders asked for leniency for Casanova, who was working a full-time job and in treatment.

“He is a good kid who screwed up,” Penders told the court. “He was on a path to getting his life together.”

Quincy Casanova, 25, of Medina was sentenced to 1 ½ to 3 years to prison for attempted assault and violation of parole for an incident on Aug. 11 where he stabbed his brother. A second felony offender, he also will have a year of post-release supervision.

Matthew S. Williams, 35, of Batavia was sentenced to 2 to 4 years in prison for fourth-degree grand larceny. He took about $10,000 worth of truck batteries, radiators and agricultural parts from Torrey Farms.

Nicholas Amos, 43, of Medina was arraigned on five counts of second-degree assault and criminal possession of a weapon. He allegedly got in an altercation with five different people on Oct. 9 in Medina and five people were stabbed.

The judge agreed to keep bail at $1,000 in cash or $10,000 bond, which was originally set at the town court.

The judge issued orders of protection for the five victims in the case.