county court

Medina man charged with burglarizing former Legislature chairman’s home

By Tom Rivers, Editor Posted 9 January 2018 at 9:28 am

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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2 sentenced in county court today

By Tom Rivers, Editor Posted 8 January 2018 at 9:22 pm

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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Albion man sentenced to 11 years in prison for child pornography

Posted 8 January 2018 at 6:06 pm

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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Sanford Church takes the oath as new county judge

By Tom Rivers, Editor Posted 28 December 2017 at 2:16 pm

Photos by Tom Rivers

ALBION – Sanford A. Church takes the oath of office today while his wife Diane holds The Bible. Church was sworn in by James Punch, who retired on July 29 after nearly 27 years as county judge.

Church, an Albion attorney who served about 20 years as the county’s public defender, was elected to a 10-year term as judge on Nov. 7.

“He has distinguished himself with his knowledge of the law, his integrity, his intelligence and his courage,” Punch said. “Running for office, as many of you know, is not easy.”

Church took the office in front of many family, friends and other elected officials.

Church is known by many in the community as “Sandy.” He has been a long-time Little League coach, member of service clubs and a former member of the Board of Education.

His two children, Ben and Molly, made the trip home for the swearing-in. Ben, 26, is a graduate of the Northwestern Medical School in internal medicine, and is doing his residency in California. Molly, 24, earned a bachelor’s degree in psychology at the University of Pittsburgh and is studying to be a mental health counselor in Boston at Tufts University.

Punch said the judge position is critically important in the community.

“If we don’t respect the law we run the risk of a chaotic society,” Punch told the crowd at the swearing-in ceremony. “It’s in everyone’s interests to respect Sandy and to respect the law, and to remember how lucky we are that Sandy was willing to do this.”

Sanford Church raises his right hand and takes the oath of office. He solemnly swore “to faithfully discharge the duties of office of Orleans County judge and to uphold and defend the Constitution of the State of New York and the Constitution of the United States of America, so help me God.”

Church will attend a “judge’s school” or a judicial institute next week at Pace University in White Plains. Because he was public defender of many pending cases in criminal and family courts, outside judges will continue in Orleans in the short term.

Judge Sara Sheldon of Niagara County has been an acting criminal court judge and Judge Charles Zambito of Genesee also has been handling some of those cases. Judge Michael Griffith of Wyoming County also has been presiding over some of the Family Court cases. Those judges are expected to continue in the short term in Orleans. Judge Punch also could handle some Family Court cases as a judicial hearing officer.

Church is expected to fully take over in Criminal and Family courts in the spring. He will assume the duties in Supreme and Surrogate’s courts next month. He is expected to handle some criminal cases in Genesee County in early 2018.

Because Church is becoming a full-time judge, he has to shut down his law office in Albion. He can’t practice law and also work as a full-time judge in the same community. He doesn’t have a partner to continue the law office. Church & Church has been in his family since 1903, and the office dates back to the early 1800s.

Judge James Punch and new County Court Judge Sanford Church speak before a crowd gathered in the Orleans County Courthouse today for a swearing-in ceremony.

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3 are sentenced in County Court

By Tom Rivers, Editor Posted 19 December 2017 at 8:43 am

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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Man accused of trafficking heroin to Albion pleads guilty in County Court

By Tom Rivers, Editor Posted 18 December 2017 at 1:35 pm

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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Miami man, arrested in January at Albion Wal-Mart, pleads guilty to massive fraud

Staff Reports Posted 17 December 2017 at 9:50 am

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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2 plead guilty in County Court

By Tom Rivers, Editor Posted 11 December 2017 at 6:20 pm

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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Task Force seizes crack cocaine from Albion man on parole

Staff Reports Posted 11 December 2017 at 12:50 pm

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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Judge rejects sentencing agreement for man who allegedly drove drunk into canal in August

By Tom Rivers, Editor Posted 5 December 2017 at 11:35 am

Provided photo: Lee Farley stands on a black pickup truck as it sinks in the Erie Canal on Aug. 17.

ALBION – A Niagara Falls man appeared in Orleans County Court on Monday, facing charges of driving while intoxicated, aggravated DWI and reckless driving after he drove into the Erie Canal in Medina on Aug.17.

Lee Farley was observed driving erratically on North Gravel Road from Ridge Road to the canal. He just missed hitting the lift bridge and utility poles by the canal. He took out a traffic sign and plunged into the canal with a black pickup truck.

He had the window down in the driver’s door and was able to get out. He was standing on the truck as it sank into the water.

Sara Sheldon, acting Orleans County Court judge, rejected a sentencing agreement in the case on Monday. Farley and his attorney, Johnny Destino, will be back in court on Dec. 18. Destino and District Attorney Joe Cardone will discuss a plea with a maximum sentence in the case and see if an agreement can be worked out.

(Editor’s note: An earlier version of this article said Judge Sheldon rejected a plea offer in the case, but she instead rejected a sentencing agreement.)

In two other cases on Monday, two women were sentenced for petit larceny for their roles in a truck break-in and the theft of $8,000 from that vehicle in Clarendon on Oct. 19, 2016.

Brionnah L. Raglan, 21, of Medina avoided jail and probation in the case. Sheldon sentenced Raglan to a conditional discharge. Raglan has paid $4,000 in restitution, even though she said she only received $20 in the theft.

Raglan told the judge she agreed to the restitution “to get it off my chest.” Raglan is working 60-65 hours a week at two jobs.

Jade Fayko, 21, of Holley also avoided jail, but was sentenced to three years of probation. She was ordered to pay $100 a month in restitution until she pays $2,666, or one third of the $8,000 that was taken.

A third defendant in the case, Devon Robinson of Rochester was previously sentenced to six months in jail for smashing the window of the truck and taking the money.

Robinson, 23, will also be on probation for five years after pleading guilty to fourth-degree grand larceny.

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