county court

3 plead guilty to crimes in Orleans

By Tom Rivers, Editor Posted 1 November 2016 at 9:45 am

ALBION – Three people pleaded guilty to crimes in Orleans County during court on Monday and two could be looking at sentences in the county jail or state prison.

• Dameon K. Holtfoth, 19, of East Shelby Road in Medina pleaded guilty to first-degree sexual abuse and faces a maximum of six months in jail when he is sentenced on Nov. 28.

Holtfoth admitted to having sexual contact with the victim, who was also intoxicated to the point of being physically helpless.

• A Holley woman admitted to violating her probation by driving with a suspended license, and by using marijuana and heroin.

Stephanie M. Rauch, 27, of North Main Street could face a maximum of 1 to 3 years in state prison when she is sentenced on Nov. 28.

• In another case, a Holley woman pleaded guilty to drug crimes and has been accepted in Drug Court. If she completes treatment and stays off drugs without breaking any other laws, her most serious charge will be reduced to a misdemeanor and she won’t have to go to jail.

Roxanne Thomas, 40, of Holley was arrested on March 2 after she allegedly sold suboxone to an undercover law enforcement officer.

She is facing charges of criminal possession of a controlled substance in the fifth and seventh degrees. The more serious charge carries a maximum of 2 ½ years in state prison.

• A Cheektowaga man who is serving a state prison sentence for third-degree rape was assessed as a Level 2 sex offender by County Court Judge James Punch.

Carson Cavers, 22, was 21 when he allegedly had sex four times with a 16-year-old girl in Shelby. Patrick Balkan, Cavers’ attorney, asked that his client be assessed as a Level 1 offender, the lowest level.

Balkan said Cavers had sex with his girlfriend and there wasn’t drugs or alcohol involved.

Punch said Cavers has a history of marijuana and alcohol use, and also had sex with the girl more than once. That required the judge to assess Cavers as a Level 2 offender. Cavers is at Midstate Correctional Facility in Marcy, near Utica. He is eligible to be released as soon as Dec. 14.

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Medina man sentenced to 4 years in prison for drug sale, weapons charge

By Tom Rivers, Editor Posted 31 October 2016 at 8:48 pm

3 others sentenced to jail or state prison

ALBION – A Medina man was sentenced to 4 years in state prison this afternoon after he admitted in August to selling cocaine and having a rifle.

Terry Holloway

Terry Holloway

Terry Holloway Jr., 33, apologized in court today for the crimes.

“There are no excuses for what I did,” Holloway told Orleans County Court Judge James Punch.

Holloway was arrested on Aug. 1, 2015 after a traffic stop in Medina. He has one prior felony conviction.

He could have faced a maximum of 8 years in prison for third-degree criminal sale of a controlled substance and up to seven years for criminal possession of a weapon in the third degree.

As part of a plea deal, Holloway would face no more than 4 years in state prison. Judge Punch gave him the maximum as part of the plea agreement.

Holloway asked for shock camp in prison. The judge said state prison was warranted because Holloway was selling drugs in the community, profiting on other people’s addictions.

Holloway was also ordered to pay $1,660 in restitution towards the Orleans County Major Felony Crime Task Force.

In other sentencings today:

Joshua Lopez, 37, of Lockport was arrested for selling cocaine last year. He was sentenced to 1 ½ years in state prison despite saying he’s a “changed man” with a job and his own business.

Since Lopez’s arrest on July 16, 2015, he said he has worked to pay off his debts and all of his child support. He has been employed, and opened a business a year ago with plans for another. He also has spoken to high school students about making bad choices.

“The man who stands before you today is remorseful,” Lopez told Judge James Punch.

The judge said Lopez is now a three-time convicted felon who failed previously on probation. Punch said prison was warranted given Lopez’s criminal record and his peddling of cocaine.

“You impress people with your work ethic and your personality,” Punch said. “You are a three-time felon and I can’t ignore that.”

In addition to 1 ½ years in prison, Lopez was sentenced to three years of post-release supervision.

• An Albion man was sentenced to a year in the county jail after he pleaded guilty to criminal possession of a firearm.

Christopher D. Rivers Jr., 19, drew the attention of law enforcement after posting a picture of himself on Facebook with a sawed-off shotgun.

His attorney Robert Fogg said Rivers was in possession of a gun but gave it to someone else because Rivers felt it was dangerous to have a gun and didn’t want to get in trouble. Fogg said the photo of Rivers may not have been the same gun. Fogg asked that Rivers be sentenced to no more than weekends in jail so he could keep his job.

“There was no harm to anyone,” Fogg said about Rivers and gun. “There was no harm to the public.”

Judge Punch said a year in jail was “appropriate” for Rivers.

“This is a serious crime and you have a history of violence,” the judge said.

• A Medina man who sold cocaine was sentenced to six months in jail.

Reginald A. Kendrick, 40, is a first-time felon. He has completed drug and alcohol treatment in jail, where he has been since soon after his arrest in late February. His time in jail will count towards his sentence.

In addition to the six months in jail, Kendrick will be on probation for five years.

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Holley man gets 2 years for role in meth lab

By Tom Rivers, Editor Posted 24 October 2016 at 4:42 pm

ALBION – A Holley man was sentenced to 2 years in state prison today for his role in a meth lab.

Michael Parkinson, 32, was arrested in February along with three others after methamphetamine was found at 1 Thomas St. – commonly known as the Holley Hotel.

Parkinson faced multiple charges for manufacturing methamphetamine. Parkinson has prior felonies.

He apologized in court today.

“I can tell you this will never happen again,” he told County Court Judge James Punch.

The judge said Parkinson has “a substantial criminal history.” Punch agreed to waive a $325 court surcharge for Parkinson due to a disability that may prevent him from working in a prison jobs program.

In another case, Michael Borrero, 18, of Albion was sentenced to a year in the county jail for attempted third-degree burglary.

Borrero admitted in a previous court appearance to entering The Vape Shop when it was closed and stealing a laptop from the business on East Bank Street.

Borrero has to pay half of the restitution or $1,017. A codefendant needs to pay the other half.

Borrero has a year to make the restitution payments when he is released from jail.

Punch said Borrero has already been on probation and failed.

“For a person of your age you’ve developed a very serious criminal history,” Punch said during sentencing. “You have to correct it or you’re going to end up in state prison.”

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Law enforcement investigating bank robbery in Elba on Tuesday

Posted 19 October 2016 at 3:38 pm

101916_elba2

Press release, Genesee County Sheriff’s Department

ELBA – At approximately 2:35 p.m. on Tuesday, Oct. 18, the Genesee County Emergency Dispatch Center (9-1-1) received a report from a teller at Elba M&T Bank, 7133 Oak Orchard Road (Route 98), Elba, that the bank had been robbed.

A description of a vehicle involved in the robbery was given to dispatchers and patrols from the Genesee County Sheriff’s Office and New York State Police responded.

The bank teller observed the get-away car and license plate number and reported it to dispatch, along with a description of the two robbers. The car was described as a silver Dodge Stratus, which traveled northbound on Route 98 upon leaving the bank.

101916_elba1The two suspects were wearing face masks, gloves and dark-colored hoodies. The get-away car was located approximately 1/10th of a mile north of the bank and it looked like the suspects got into another vehicle and fled.

Investigation revealed that the silver Dodge Stratus was stolen from the Spencerport area and the license plates were stolen from the City of Rochester.

The amount of money stolen is unknown, but it is believed to be not substantial.

Investigation is continuing by the Genesee County Sheriff’s Office, New York State Police and FBI.

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Medina man out of jail while awaiting sentencing for drug charge arraigned for assault

By Tom Rivers, Editor Posted 18 October 2016 at 10:30 am

ALBION – A Medina man who was out of jail and awaiting sentencing for a drug crime was arrested on Sept. 7 after allegedly getting in an altercation with another person and stabbing that person, causing non-life-threatening injuries.

Michael D. Thompson

Michael D. Thompson

Michael D. Thompson, 49, was arraigned in Orleans County Court on Monday for second-degree assault, fourth-degree criminal possession of a weapon, and second-degree menacing.

Thompson entered a not guilty plea in court. Judge James Punch set bail at $50,000 and issued an order of protection for the victim in the alleged assault.

The latest charges against Thompson will be prosecuted separately from the drug charge. Thompson pleaded guilty to criminal possession of a controlled substance, which carries a maximum of 2 ½ years in state prison.

In other arraignments on Monday:

• Adam Gallo, 31, of Eagle Harbor Road in Albion was arraigned on 3 counts each of criminal sale and criminal possession of a controlled substance in the fifth degree, one count of criminal sale of marijuana in the fourth degree, and one count of criminal sale of marijuana in the third degree.

Gallo was charged on Sept. 14 and was allegedly selling marijuana and marijuana wax, a highly potent form of concentrated marijuana.

District Attorney Joe Cardone told Judge Punch that Gallo also allegedly been intimidating an informant. Gallo denied that through his attorney Michael O’Keefe. Punch told Gallo to avoid the informant. If Gallo is threatening the informant, the judge said Gallo will be held in jail without bail. Gallo is currently out of jail after posting $10,000 bail.

• Marcie Conlon, 43, of Holley was arraigned on several felonies, including forgery in the second degree, falsifying business records in the first degree, criminal diversion of prescriptions or prescription medication in fourth degree, petit larceny and criminal possession of a controlled substance in the seventh degree.

Conlon is currently in jail for violating conditions of probation, including driving while intoxicated. The latest charges stem from an alleged crime in April 2015 when she was working at the Iroquois Job Corps in Shelby. Conlon allegedly took a prescription sheet from physician’s assistant and wrote a prescription for student. Conlon then allegedly used the Ativan, a prescription for anxiety, for herself.

• Sherri L. Bartenstein, 35, of Middleport was arraigned for three counts each of criminal sale and criminal possession of a controlled substance in the fifth degree. She allegedly sold Clonazepam, which is used to treat anxiety or panic disorders, from May 11-18, and on June 21.

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3 plead guilty in county court and could face time in jail or prison

By Tom Rivers, Editor Posted 18 October 2016 at 9:39 am

ALBION – Three people pleaded guilty in Orleans County Court on Monday and could be sentenced to either state prison or the county jail.

A Lyndonville man admitted to having cocaine and selling on March 16 in Ridgeway. Jarred Hodgins, 28, of South Townline Road pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence for 4 years in state prison.

He will be sentenced on Jan. 3 at 2 p.m.

• Dustin Herzog, 27, of Albion pleaded guilty to petit larceny. He admitted to stealing chainsaws from Nesbitt Farms, a Waterport fruit farm where he was working.

Herzog said he sold some of the chainsaws at pawn shops.

He could face up to a year in jail when he is sentenced on Dec. 12 at 2:30 p.m.

• Heather Pratt, 32, of Countyline Road in Kendall admitted to driving while intoxicated in Kendall on Sept. 11, 2016. She registered a 0.16 Blood Alcohol Content. She has a previous DWI in December 2013.

She could be sentenced to up to six months in jail when she is sentenced on Jan. 3 at 2 p.m.

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Medina man, 24, arraigned after allegedly making fake money, escaping custody

By Tom Rivers, Editor Posted 17 October 2016 at 7:21 pm
Sebastian Bonk

Sebastian Bonk

ALBION – A Medina man was arraigned in Orleans County Court today for felonies after he allegedly made fake money and escaped custody when he ran out of Medina Memorial Hospital.

Sebastian Bonk, 24, was in jail on Aug. 4. He was taken to Medina Memorial for a health issue. Bonk was at the hospital at 11:20 p.m. when he allegedly ran out of the Emergency Department door, through the lobby and out of the hospital.

Bonk had pulled his leg shackles up higher on his legs to make it easier to run, Undersheriff Chris Bourke said after the arrest.

Bonk was pursued by two nurses along with a correction officer. The nurses and corrections officer were able to catch Bonk and take him to the ground about 80 yards north of the hospital on Ohio Street. Bonk injured the three during the process, leading to him being charged with three counts of second-degree assault.

Bonk was arraigned today in Orleans County Court before Judge James Punch, who set bail at $100,000 for Bonk, who also has been charged with five counts of first-degree criminal possession of a forged instrument, second-degree escape and resisting arrest.

Bonk also is one of four people facing charges for making counterfeit money. That charge of first-degree criminal possession of a forged instrument carries up to 15 years in state prison.

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Medina man sentenced to 8 years for meth lab

By Tom Rivers, Editor Posted 17 October 2016 at 4:48 pm

2 others are sentenced in county court, including Batavia man for child rape

ALBION – A Medina man was sentenced to 8 years in state prison today for his role in operating a methamphetamine lab in Shelby.

Joshua Miller

Joshua Miller

Joshua L. Miller, 36, of 4706 East Shelby Rd. was arrested in July 2015 after police found an active meth in a camping trailer at Miller’s address.

Miller had a prior felony and five prior misdemeanors before his arrest in July 2015. He faced numerous felonies with the meth lab for criminal sale and criminal possession of a controlled substance, unlawful manufacture of methamphetamine in the 3rd degree and 1 count of criminal possession of precursors of methamphetamine.

Miller in court today said his criminal behavior has occurred when he was either drunk or high on drugs. His attorney, David Owens, asked County Court Judge James Punch to send Miller to a shock facility or alternative to incarceration.

Punch said Miller is deserving of a long prison sentence.

“You are a perpetrator of serious crimes and you have been profiting from serious crimes which lead to more addicts in our community and people struggling with their lives,” Punch said.

Miller was responsible for introducing a new and dangerous drug into the community, Punch said.

In other sentencings today:

Nicholas McKague

Nicholas McKague

• Nicholas L. McKague, 24, of West Main Street Road in Batavia was sentenced to seven years in state prison after he allegedly raped a 5-year-old child in Clarendon in 2011.

McKague faced charges of endangering the welfare of a child and course of sexual conduct against a child. He attorney, David Owens, asked that mental health counseling be available for McKague.

Judge Punch said McKague’s “serious crimes” warranted state prison, as well as five years of post-release supervision.

He said McKague hasn’t shown remorse for the crimes. The judge also assessed McKague a $1,000 victim fee, $325 court surcharge and $50 DNA fee.

• A Shelby man who allegedly used his job as a taxi driver to sell crack cocaine and transport a drug dealer to customers – and to transport customers to the drug dealer – was sentenced to six months in jail and five years probation.

Roy W. Bishop, 42, of 11345 Main St. in February was arrested on charges of criminal sale and criminal possession of a controlled substance in the third degree as well as conspiracy in the fourth degree.

Because he is a first-time felony offender, Bishop wasn’t sentenced to state prison, Judge Punch said.

Bishop has been in drug addiction counseling through GCASA and has been working to rebuild his life, his attorney, Jon Ross Wilson, told the judge during sentencing today.

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Medina man allegedly sold crack cocaine in Albion and Medina

Staff Reports Posted 12 October 2016 at 2:19 pm

101216_nicholsMEDINA – A Medina man faces multiple drug charges after he was arrested today for allegedly selling crack cocaine in the villages of Albion and Medina, the Orleans County Major Felony Crime Task Force is reporting.

Eddie Joe Nichols, 61, of 520 West Ave., Medina, has been charged with three counts each of criminal sale and criminal possession of a controlled substance in the third degree (all Class B felonies).

The Task Force and the Medina Police Department arrested Nichols on an Orleans County sealed indictment warrant, handed up by an Orleans County grand jury.

Nichols was arraigned on the sealed indictment in Orleans County Court by Judge James Punch. Nichols was committed to the county jail on $250,000 cash bail. He is to return to County Court on Oct. 31 at 2 p.m.

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Albion man, 18, and girl, 17, face drug charges

By Tom Rivers, Editor Posted 12 October 2016 at 1:49 pm

ALBION – An 18-year-old from Albion and a 17-year-old girl face numerous charges after being arrested last week after being found in a local motel allegedly with crack cocaine, heroin, prescription pills and marijuana packaged for sale.

The Albion Police Department and Orleans County Major Felony Crime Task Force executed a search warrant on Oct. 6 at a local motel located at 436 West Ave.

After entry was made into the room, police discovered a runaway juvenile inside the room from Parsons Children and Family Center in Albany. Two other people were in the room.

Police also found drugs packaged for sale, including crack cocaine, heroin, prescription pills, marijuana, cash and other drug paraphernalia, the Task Force reported today.

Police arrested:

Andrew L. Coley

Andrew L. Coley

• Andrew L. Coley, 18, of 160 Platt St., Albion. He was charged with two counts of criminal possession of a controlled substance in the third degree (Class B felonies), one count of unlawfully dealing with a child in the first degree (A misdemeanor), and one count of endangering the welfare of a child (A misdemeanor).

• A 17-year-old female also was arrested and faces the same charges as Coley.

Coley and the 17-year-old were arraigned in Albion Town Court by Town Justice Joseph Fuller. Both were committed to the Orleans County Jail on $100,000 cash bail. Both appeared in Town Court at 9 a.m. today for arraignment with counsel.

The runaway juvenile was transported back to the Albany area by the Albion Police Department and the Orleans County Sheriff’s Dept.

Further arrests and charges are pending in this investigation, the Task Force said in a press release.

Gasport woman allegedly tried to bring heroin into county jail

Staff Reports Posted 12 October 2016 at 1:20 pm
Leah McGee

Leah McGee

ALBION – A Gasport woman has been charged with promoting prison contraband in the first degree after she allegedly tried to bring drugs into the Orleans County Jail, Sheriff Randy Bower said.

Leah M. McGee, 38, of Gasport on Sunday was visiting an inmate in the jail when corrections officers allegedly confiscated contraband.

“The contraband was field tested by the Deputy Sheriff John Doyle and showed positive results for marijuana and heroin,” Bower said. “The arrests were made based on the diligence of the Corrections Officers that were monitoring the inmate visitation session on the date of the incident.”

An investigation is being conducted and criminal charges are still pending for the inmate that conspired with McGee to introduce the dangerous contraband, Bower said.

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Former Medina resident disbarred as attorney after drug, weapons convictions

By Tom Rivers, Editor Posted 11 October 2016 at 3:59 pm

MEDINA – A former Medina resident who worked as a public defender in Monroe County has been disbarred after the Appellate Court in Rochester upheld that punishment.

Adam Rissew, 40, is serving 60 months in federal prison for drugs and weapons convictions. He was admitted as a lawyer on Feb. 21, 2008.

On Oct. 5, 2015, he was convicted in U.S. District Court of WNY for possessing a firearm in furtherance of a drug trafficking crime, a federal felony.

Rissew’s then-residence at 305 Catherine St. in Medina was searched by police on July 20, 2012. Officers with the Medina Police Department and Orleans County Major Felony Crime Task Force found and seized in excess of 50 marijuana plants, paraphernalia related to the grow operation, numerous firearms and 684 rounds of various types of ammunition.

Among the firearms found and seized was a loaded Glock 9mm semi automatic pistol that was secreted between Rissew’s mattress and box springs. During his plea Rissew admitted he used the pistol to protect his marijuana growing operation.

The U.S. District Court suspended Rissew as an attorney on Oct. 28, 2015 and gave him a chance to show cause while he shouldn’t be disbarred. Rissew expressed his remorse for his crimes to the court, and said he was engaged in misconduct to finance his addiction to illegal narcotics, for which he has since successfully sought treatment, the Court said in a decision on Friday.

The court rejected Rissew’s arguments as valid reasons for keeping his law license. The Appellate judges said Rissew’s misconduct “is patently incompatible with the high standards imposed upon members of the bar and, in our view, any sanction other than disbarment would serve to undermine public trust and confidence in the legal profession.”

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Barker man who fled Orleans law enforcement sentenced in federal court to 200 months for distributing methylone

Staff Reports Posted 5 October 2016 at 9:34 am

A Barker man was sentenced to 200 months in federal prison on Tuesday after he pleaded guilty on March 22 to possession with intent to distribute methylone.

Allen M. Young, 40, could have faced up to 30 years in prison.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between October 21, 2011, and December 13, 2012, the defendant conspired with Peter Viera to obtain methylone from China, which Young then distributed.

On December 13, 2012, while members of the Orleans County Major Felony Crime Task Force were attempting to execute a search warrant on Young and his car, he fled at a high rate of speed before crashing the car in Ridgeway.

Young fled the scene on foot. Nine rounds of .50 caliber ammunition were found in the car. As he fled, the defendant discarded a backpack near the scene of the crash which contained 1.8 pounds of methylone and just over one pound of marijuana.

Young was subsequently arrested in Erie, Pa. on Feb. 14, 2013, and has been in custody ever since. On April 5, 2013, officers executed a search warrant at his residence and seized seven firearms belonging to the defendant.

Peter Viera has also been convicted and in May was sentenced to 70 months in prison.

The plea by Young is the result of an investigation on the part of the Orleans County Major Felony Crime Task Force and the Drug Enforcement Administration.

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2 plead guilty and could be sentenced to jail or prison

By Tom Rivers, Editor Posted 4 October 2016 at 11:58 am

ALBION – Two people admitted to felony crimes during Orleans County Court on Monday. Both could face incarceration when they are sentenced on Dec. 12.

Jada Sorta, 20, of Sawyer Road in Kent pleaded guilty to attempted burglary in the second degree, which carries a maximum of 3 to 7 years in state prison. Sorta admitted in court she entered a home without permission on Ridge Road in Murray on May 21, and stole a bank card, keys to a vehicle and a MP3 player. She will be sentenced at 2 p.m. on Dec. 12.

Betty Russell, 56, of West Avenue in Medina pleaded guilty to attempted criminal possession of a controlled substance in the fifth degree, which normally carries a maximum sentence of 1 ½ to 3 years in prison. However, as part of a plea deal, Russell will face no more than 6 months in county jail when she is sentenced at 2 p.m. on Dec. 12. She admitted she sold hydrocodone and acetaminophen pills on Jan. 29, 2016.

2 sentenced for meth crimes in Albion

By Tom Rivers, Editor Posted 4 October 2016 at 11:08 am

ALBION – Two people were sentenced to the Orleans County Jail on Monday for their roles in methamphetamine crimes in Albion.

Tara Ryan, 19, of Albion admitted to manufacturing meth in her former apartment on East Bank Street. She had the ingredients and equipment needed to make the illegal drug.

She pleaded guilty to unlawful manufacturing of methamphetamine in the third degree and could have faced a maximum of 2 ½ years in state prison.

Judge James Punch gave her six months in jail and 5 years on probation.

During sentencing, Ryan, a first-time offender, thanked her family for not giving up on her.

“Getting arrested saved my life in the long run,” Ryan told the court. “I have to stay clean and surround myself with positive role models.”

Ryan and six others were arrested on April 19 after police discovered meth was being manufactured in Ryan’s apartment.

Judge Punch said Ryan has actively involved in the crime, while some of the others arrested were “on fringe.”

“You were one of the more active people in producing this very dangerous drug,” Punch told Ryan. “This is a very dangerous drug and there has to be some incarceration. We can’t tolerate this drug coming into our community.”

Bridgette Fronczak-Reilly, 19, of Lockport also was sentenced after she admitted she possessed meth on April 19. She pleaded guilty to criminal possession of a controlled substance in the seventh degree, and could be sentenced to up to a year in jail on Oct. 3.

Fronczak-Reilly apologized to the community for being involved in the crime.

The judge gave Fronczak-Reilly 60 days in jail and probation. He said the Lockport resident wasn’t an active leader in the operation.

“I would say you were mixed up with the wrong people,” Punch said.

The judge said the community needs to be vigilant in fighting methamphetamine.

“It’s a substance this court considers profoundly dangerous,” Punch said. “We need to keep it from infecting the community like other drugs have.”

In other sentencings on Monday:

• David M. Mitchell, 27, was sentenced to an additional 1 ½ to 3 years in state prison for first-degree attempted promoting prison contraband. Mitchell, an inmate in the Orleans Correctional Facility in Albion, allegedly sharpened two metal instruments to use as weapons in the prison. Those weapons were confiscated on Feb. 22. He has prior felony convictions.

“Prison is a dangerous place,” said Mitchell’s attorney Dominic Saraceno. “Some people feel they need items like these to protect themselves.”

Judge Punch credited the corrections officers for finding the metal instruments before they were used to harm another person. He said the contraband makes prison more dangerous for inmates and staff.

• Richard D. Walls, 46, was sentenced to six months in jail and five years probation after he applied for three credit cards in another person’s name. He moved from the local community and was picked up on a warrant in Georgia. Punch said Walls acted as “a con man” in gaining the trust of an elderly couple with the intention of taking advantage of them.

A local boy was sentenced to six months in jail for having sexual contact with a child under age 11. The boy was given youthful offender status so his name won’t be published. The boy apologized for his crime – first-degree sexual abuse.

Judge Punch said the crime warrants time in jail, but not prison because the boy had no prior criminal history.

“You need a combination of help and punishment,” the judge said.

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