county court

3 are arraigned on felony charges in County Court

By Tom Rivers, Editor Posted 9 February 2016 at 12:00 am

ALBION – Three people were arraigned in Orleans County Court on Monday for alleged felony crimes, including drug sales, driving while intoxicated and burglary.

A Rochester man arrested in December following a three-month investigation into the sale and distribution of crack cocaine from Rochester to Orleans County was arraigned on charges of third degree criminal possession and criminal sale of a controlled substance.

Maurice D. Jacobs, 37, of Conkey Avenue has no prior felonies, but he does have a long history of misdemeanor convictions as well as failures to appear at court, County Court Judge James Punch said. He set bail at $20,000 for Jacobs.


In other arraignments:

A resident of Ridge Road in Holley had his bail increased from $100 in the Kendall Town Court to $25,000.

Norman Henhawk, 58, allegedly was driving drunk on Dec. 5 when he went through a stop sign and hit another vehicle, causing injuries to people in the other vehicle and Henhawk’s passenger, District Attorney Joe Cardone said.

Henhawk was arraigned on reckless endangerment in the first degree, aggravated unlicensed operation of a motor vehicle in the first degree, operating under the influence of alcohol and driving while intoxicated.

The DA said Henhawk has two prior felonies and several misdemeanors.

“This is a serious crime and he has an incredibly serious record,” Punch said in setting bail.

Mary Golding, 51, of Harris Road in Waterport was arraigned for second-degree burglary and pettit larceny. She allegedly stole money and jewelry from a Harris Road resident in November.

Judge Punch set bail at $5,000 for Golding.

4 are sentenced at county court, including 3 to state prison

By Tom Rivers, Editor Posted 8 February 2016 at 12:00 am

ALBION – An Albion man who admitted to selling cocaine was one of four people sentenced in Orleans County Court today by James Punch.

Brandon Honore, 30, of East Park Street pleaded guilty to criminal possession of a controlled substance in the fifth degree. He is a second felony offender with a previous drug charge for attempted criminal possession of a controlled substance in the fourth degree. He has another prior felony and has already been in state prison.

Honore was arrested in July when 20 people were charged a seven-month investigation into the sale and distribution of drugs in Orleans County.

His attorney, Kevin McKain, said Honore had been working full-time for six years before the drug charge last July. McKain asked that the judge not revoke Honore’s driver’s license as part of the sentence and Punch agreed to let Honore keep the license when he is released from prison.

McKain said Honore has turned his life around and will be a productive citizen when he is out of prison.

Punch said Honore needs to be sent to prison.

“You have a long criminal history of drug crimes,” Punch said during sentencing this afternoon. “This is a serious and protracted criminal history.”

The judge also sentenced Honore to two years of post-release supervision. He told Honore to stay away from drugs or else the next sentence will be longer.

“You are introducing serious, harmful drugs into this community,” Punch said, calling Honore “a drug salesman.”


In other sentencings today:

A Medina man was sentenced for his fifth alcohol-related offense. Bradley Dunaway, 52, of Oak Orchard River Road was sentenced today to 1 1/3 to 4 years in state prison for felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Dunaway had been drinking prior to an accident on June 20 at Ridge Road and Culvert Road in Ridgeway. Dunaway registered a 0.18 blood alcohol content, more than double the legal limit.

A Medina resident was sentenced to 1 to 3 years in state prison for DWI and aggravated unlicensed operation of a motor vehicle. Justin R. Carpenter, 31, of Medina was stopped on Aug. 22 by state police.

He registered a 0.20 Blood Alcohol Content, 2 ½ times the legal limit. He has a prior misdemeanor DWI from November 2006 in the Town of Shelby.

A 19-year-old Bergen woman avoided jail and was sentenced to 3 years of probation. Kuyanna Kuyal pleaded guilty to seventh-degree criminal possession of a controlled substance, a charge that normally carries a maximum of a year in jail.

Kuyal has no prior criminal record. She admitted in a previous court appearance that she was in a car on May 7 when cocaine was sold. Kuyal allegedly assisted in cocaine sales, but did not possess the drug, District Attorney Joe Cardone said.

Judge Punch said today that Kuyal “wasn’t the driving force behind the crime.” He wants her to seek mental health treatment and continue with treatment through the Genesee-Orleans Council on Alcohol and Substance Abuse.

4 charged after investigation into meth operation in Holley

Staff Reports Posted 4 February 2016 at 12:00 am

HOLLEY – Four people have been charged this morning after a month-long investigation into the manufacturing, sale and distribution of methamphetamine in the Village of Holley, the Orleans County Major Felony Crime Task Force is reporting.

The Task Force worked with other law enforcement agencies in executing search warrants at 1 Thomas St. (commonly known as the Holley Hotel) and charged four people.

The following were arrested:

Christopher J. Price

Christopher J. Price, 28, of 1 Thomas St., Apt. D., Holley.

He was charged with one count of criminal possession of a controlled substance in the second degree (Class AII felony), one count of conspiracy in the second degree (Class B felony), one count of criminal sale of a controlled substance in the fifth degree (Class D felony), one count of criminal possession of a controlled substance in the fifth degree (Class D felony), one count of unlawful manufacturing of methamphetamine in the third degree (Class D felony) and one count of criminal possession of precursors of methamphetamine (Class E felony).

Price was arraigned in Orleans County Court by Judge James Punch and committed to county jail on no bail.

He is due back in court at 11 a.m. on Friday.

Michael A. Parkinson

Michael A. Parkinson, 31, of 1 Thomas St. Apt. G, Holley.

He was charged with one count of criminal possession of a controlled substance in the second degree (Class AII felony), one count of conspiracy in the second degree (Class B felony), one count of unlawful manufacturing of methamphetamine in the third degree (Class D felony) and one count of criminal possession of precursors of methamphetamine (Class E felony).

Parkinson was arraigned in County Court by Judge Punch.

He was committed to county jail on no bail.

He is due back in court at 11 a.m. on Friday.

 

Samantha Jo Williams

Samantha Jo Williams, 20, of 1 Thomas St., Apt. D., Holley.

She was charged with one count of criminal possession of a controlled substance in the second degree (Class AII felony), one count of conspiracy in the second degree (Class B felony), one count of unlawful manufacturing of methamphetamine in the third degree (Class D felony) and one count of criminal possession of precursors of methamphetamine (Class E felony).

Williams was arraigned in County Court by Judge Punch.

She was committed to county jail on no bail.

She is due back in court at 11 a.m. on Friday.

 

Angelica L. Hyer

Angelica L. Hyer, 22, of 1 Thomas St., Apt. G., Holley. She was charged with one count of conspiracy in the second degree (Class B felony).

Hyer was arraigned in Murray Town Court by Town Justice Gary Passarell, and committed to county jail on $5,000 bail. She is to return to Murray Town Court on Feb. 8 at 6:30 p.m.

The Task Force was assisted in the search warrants by the New York State Police Special Operation Response Team, the Orleans County Sheriff’s Office, the U.S. Department of Homeland Security, and the Holley Police Department.

The Orleans County Probation Department and Genesee County Drug Task Force also assisted in the investigation.

Irondequoit woman pleads guilty to vehicular assault

By Tom Rivers, Editor Posted 1 February 2016 at 12:00 am

Danielle Conrad

ALBION – An Irondequoit woman pleaded guilty today to second-degree vehicular assault for hitting a Medina man with her car on Sept. 7, and causing life-threatening injuries including a leg amputation.

Danielle E. Conrad, 38, also pleaded guilty to driving while intoxicated. She could face up to four years in state prison when she is sentenced on April 11.

Conrad registered a 0.17 percent Blood Alcohol Content on Sept. 7, more than twice the legal limit.

In court today, Conrad said the victim jumped in front of her car. He had been walking by the side of Harrison Road, which she said didn’t have sidewalks.

“It was dark and I didn’t see him,” Conrad told Orleans County Court Judge James Punch this afternoon.

Christopher M. Caldwell, 37, had been a passenger in a sedan operated by Conrad. At some point on Sept. 7 the two got into a dispute and Caldwell was dropped off on Harrison Road. Conrad drove off, but returned to pick up Caldwell a short time later, the Orleans County Sheriff’s Department reported.

She drove past him at one point, then drove down the road and turned around. During all this time they were conversing with each other by cell phone, according to the police report.

Conrad drove down Harrison Road a second time and that time she struck Caldwell, the Sheriff’s Department reported. He was flown by Mercy Flight helicopter to Erie County Medical Center in Buffalo.

District Attorney Joe Cardone said Caldwell has brain damage, but the degree isn’t yet known.

Rochester man pleads guilty to selling heroin

By Tom Rivers, Editor Posted 1 February 2016 at 12:00 am

ALBION – A Rochester man admitted today in court to selling heroin to an undercover informant through the Orleans County Major Felony Crimes Task Force.

Junior Mateo, 36, pleaded guilty in Orleans County Court to attempted criminal sale of a controlled substance in the third degree. He could face up to 5 ½ years in state prison when he is sentenced on May 9.

Mateo already has been sentenced to 10 years in state prison in a Monroe County Court. His sentence from Orleans County will run concurrently with the Monroe County sentence.

He admitted to the drug sale on March 20 in court today. He will be sentenced on May 9.


In other cases today:

Stuart J. Rodden, 25, of Medina pleaded guilty to driving while ability impaired, aggravated unlicensed operation of a motor vehicle and violating probabtion.

Rodden was charged on Aug. 7 following the investigation of a motor vehicle accident with an unregistered dirt bike on South Lyndonville Road (Route 63) in the Town of Ridgeway. The DWIA and AUO represent a violation of his probation.

The charges carry a maximum of four years in state prison, but as part of a plea deal he will not be sentenced to more than a year in the county jail. If he is sentenced to more than a year, he can withdraw his plea and go to trial. Sentencing is scheduled for April 18.

A Holley man pleaded guilty to second-degree attempted rape and faces up to 6 months in jail and 10 years probation when he is sentenced on March 14.

Anthony Rowe was 20 when he had sex with a 14-year-old girl in July. He admitted to the crime today in court.

A Carlton woman who was offered a plea deal, reducing a grand larceny charge to pettit larceny, will instead go to trial after insisting on her innocence. Stacy Hamilton, 31, is accused of taking about $15,000 from her elderly grandmother.

Hamilton was managing the finances for the elderly woman with dementia. District Attorney Joe Cardone said Hamilton had her grandmother sign checks and give her the money while not paying the grandmother’s taxes and other bills.

Hamilton said she never took money from her grandmother, who instead gave her money on occasion.

Hamilton is next scheduled for court on Feb. 22 when County Court Judge James Punch said a trail date will be set.

Former public defender from Medina gets 5 years in prison

Posted 26 January 2016 at 12:00 am

Press Release, U.S. Attorney William Hochul’s Office

BUFFALO – U.S. Attorney William J. Hochul Jr. announced today that Adam Rissew, 39, formerly of Medina and a former Monroe County public defender was sentenced to 60 months in prison by U.S. District Judge William M. Skretny.

Rissew, a current Rochester resident, was convicted of possession of firearm in furtherance of a drug trafficking.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on July 20, 2012, Medina police officers and members of the Orleans County Major Felony Crime Task Force searched Rissew’s then-residence at 305 Catherine St. in the Village of Medina.

Officers 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 grow operation.

The sentencing is the result of an investigation by the Medina Police Department, under the direction of former Chief Jose Avila, officers of the Orleans County Major Felony Crime Task Force, under the direction of Chief Investigator Joseph Sacco, and Orleans County District Attorney Joseph Cardone.

Another Salamaca brother charged with welfare fraud at Murray Superette

Staff Reports Posted 20 January 2016 at 12:00 am

56 others charged with fraud, misuse of food stamps

Taras Salamaca

MURRAY – A fourth Salamaca brother has been charged in a food stamp trafficking scheme and sale of untaxed cigarettes at the Murray Superette, the Orleans County Major Felony Crime Task Force announced today.

Taras R. Salamaca, 51, worked as an employee of the store. The resident of 2910 Kendall Rd. has been charged with one count of misuse of food stamps, food stamp program coupons, authorization cards and electronic devices (Class D felony); one count of grand larceny in the third degree (Class D felony); 1 count of scheme to defraud in the first degree (Class E felony); and one count of criminal sale of untaxed cigarettes.

Three other Salamaca brothers – Alexander, Myron and Olec – were all arrested on Oct. 27 following a 15-month investigation into a food stamp trafficking scheme and the sale of untaxed cigarettes from July 2014 to October 2015.

The Task Force and Orleans County Department of Social Services Welfare Fraud Unit have interviewed 130 people who have used their EBT cards over the past several years at the Murray Superette.

As a result of those interviews, Taras Salamaca was charged, along with 56 people who used their EBT cards in the Supplemental Nutrition Assistance Program for “SNAP” benefits and received untaxed cigarettes, alcohol, lottery tickets, gasoline or cash in exchange, the Task Force reported today.

Taras Salamaca was arraigned on Tuesday by Murray Town Justice Gary Passarell and released on his own recognizance. He is to appear in the Murray Town Court on March 9 at 6 p.m.

The 56 other people who were charged were issued tickets for welfare fraud and misuse of food stamps. They are to appear in Murray Town Court.

The investigation is ongoing with more arrests and charges pending, said Joseph Sacco, supervising investigator for the Task Force.

Teen burglar sentenced to 3 years in state prison

By Tom Rivers, Editor Posted 19 January 2016 at 12:00 am

ALBION – An Albion teen was sentenced to 3 years in state prison today despite a request for leniency from his attorney.

Allan D. Walls turned 18 last month. He was arrested for second-degree burglary and other criminal charges last March 10. That followed an earlier felony in October 2014 when he allegedly broke into a village house and stole two guns with ammunition.

Walls was sentenced to 1 to 3 years in state prison on the October 2014 crime. He was given youthful offender status by Orleans County Court James Punch, which sealed Walls’s record from the crime.

Walls and his attorney Conrad Cropsey asked for youthful offender status again today during sentencing for the second burglary.

“With YO he could have a clean slate to get a job,” Cropsey told Judge Punch.

Cropsey also said Walls suffered a brain injury soon before he committed the two felonies.

“I hope you would give me a second chance,” Walls asked the judge during sentencing today.

Punch said the youthful offender status is given more for “youthful indiscretions” and not someone who has committed a second serious felony.

He said Walls entered other people’s homes without permission, “violating their rights and sanctity of homes.”

Walls was given 3 years in state prison, plus 3 years of post-release supervision.


In other cases today:

A Canandaigua man who faced drug charges in Orleans County was sentenced to 6 months in jail after he failed the Drug Court program.

Eric L. Shirley, 29, was a passenger in a vehicle on Jan. 12, 2015 on Ridge Road in Gaines. The vehicle was in an accident and police found drugs inside and charged three people in the vehicle with fourth-degree criminal possession of a controlled substance.

Shirley was “miserable in his efforts in Drug Court,” said District Attorney Joe Cardone.

Shirley’s attorney, Conrad Cropsey, said his client has a supportive family who were Mennonite missionaries.

“I come from a really good family,” Shirley said during sentencing. “I made some mistakes with drugs. I just want to get my life together.”

Punch told Shirley to fight the drug and alcohol addictions.

“To whom much has been given, much is expected,” Punch told Shirley.

The judge sentenced Shirley to 6 months in jail, plus 5 years probation.

A Shelby woman admitted to having heroin and selling it on April 2, 2015. Diane M. Gallagher, 46, 5079 East Shelby Rd. pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

The charge carries a maximum sentence of 1 ½ to 8 years in prison. However, as part of a plea deal, Gallagher, a second felony offender, will not be sentenced to more than 3 years in state prison, or else she can withdraw the plea and go to trial.

She will be sentenced on March 28 at 2 p.m.

Rochester man faces multiple drug charges in Albion

Staff Reports Posted 19 January 2016 at 12:00 am

Steven L. Carter

ALBION – A Rochester man has been jailed after being arrested on several drug charges, the Orleans County Major Felony Crime Task Force is reporting today.

The Albion Police Department stopped a vehicle on Clarendon Street on Jan. 15 and arrested the passenger following an investigation into the sale and distribution of crack cocaine from the City of Rochester to the Village of Albion.

Steven L. Carter, 23, of 185 Mount Hope Blvd. has been charged with one count of criminal possession of a controlled substance in the third degree (Class B felony), one count of criminal possession of a controlled substance in the fifth degree (Class D felony) and two counts of criminally using drug paraphernalia in the second degree (Class A misdemeanors).

Carter was arraigned in Albion Town Court by Justice Joseph Fuller and committed to the Orleans County Jail on $50,000 bail. He is next scheduled to appear in Town Court on Thursday at 9 a.m.

2 arrested in Albion for kidnapping, robbery in separate incidents

Staff Reports Posted 16 January 2016 at 12:00 am

ALBION – Two people face kidnapping and robbery charges in separate incidents with uncanny similarities, Police Chief Roland Nenni said.

The Albion Police Department charged Andre D. Coley, 24, of West Bank St. following the investigation of an adult male victim being held against his will and then forced to withdraw a total of $8,800 from his bank account and give it to the suspect.

Andre Coley

Coley allegedly used threats and intimidation over a two-week period to force the victim to a bank on several occasions where the victim was forced to withdraw cash and turn it over to Coley, Nenni said.

On Jan. 14 at about 10 a.m. the victim called 911 after Coley came to the victim’s residence and demanded more money, the police chief reported today. The Albion Police Department took Coley into custody after he was located in a vehicle in the Village of Albion.

Coley was charged with kidnapping in the second degree, a B-Felony; robbery in the third degree, a D-Felony; grand larceny in the third degree, a D-Felony; grand larceny in the fourth degree, an E-Felony; unlawful imprisonment in the second degree, an A-Misdemeanor; and unlawful possession of marijuana, a violation.

He was arraigned in the Murray Town Court due to the unavailability of Town of Gaines justice. Coley was placed in the Orleans County Jail on $100,000 bail. He is to return to the Gaines court on Jan. 20.

Christopher D. Rivers Jr.

The Albion Police Department also arrested Christopher D. Rivers Jr., 19, of 25 Sandy Creek Apartments following the investigation of an adult male and adult female victims being held against their will and then forced to withdraw $400 from the female victim’s bank account and give it to the suspect.

Rivers allegedly approached the male victim at a residence outside the Village of Albion and displayed a firearm and demanded the male victim give him cash. The male victim was unable to produce the money so Rivers forced the male and female victims to go to an ATM in the Village of Albion, Nenni said.

The female victim obtained $400 from her bank account and turned it over to Rivers. The victims initially did not report the crime as they were in fear of their safety. The Albion Police Department took Rivers into custody after he was located near his residence in the Village of Albion. Rivers was known by the victims, the police chief said.

Rivers was charged with kidnapping in the first degree, an A1-Felony; robbery in the first degree, a B-Felony; criminal use of a firearm in the first degree, a B-Felony; grand larceny in the fourth degree; an E-Felony; unlawful imprisonment in the second degree, an A-Misdemeanor; and menacing in the second degree, an A-Misdemeanor.

Rivers was arraigned in the Town of Albion Court and was placed in the Orleans County Jail on no bail. He is to return to the Town Court on Jan. 20.

2 are sentenced to 90 days in jail, 5 years probation

By Tom Rivers, Editor Posted 12 January 2016 at 12:00 am

ALBION – Two people were sentenced to 90 days in the county jail, plus five years on probation for felonies in Orleans County.

Henry Lattimer, 34, of West Center Street in Medina was sentenced by Orleans County Court Judge James Punch on Monday. Lattimer pleaded guilty to attempted criminal possession of a controlled substance in the fifth degree.

He was arrested in July as part of drug bust in Orleans County where 20 people were charged.


In another case, Matthew Ritzel, 26, of Hamlin also was sentenced to 90 days in jail and five years on probation.

Ritzel pleaded guilty on Oct. 5 to attempted burglary in the second degree. He admitted to entering a house on Kendall Road in Murray and taking items from the dwelling on June 3.

Ritzel could have faced a state prison sentence, but has no prior criminal history.

Rochester man pleads guilty to drug charge

By Tom Rivers, Editor Posted 11 January 2016 at 12:00 am

ALBION – A Rochester man pleaded guilty to criminal possession of a controlled substance in the seventh degree today in Orleans County Court and was sentenced to time served.

Tony Thompson, 48, has been in the county jail for about seven months. He has resisted plea offers and was going to go to trial. He had been charged with criminal sale and criminal possession of a controlled substance in the fifth degree.

He said in court today he put Tramadol pills on a table on March 26, 2014. But Thompson said he didn’t receive money for the pain reliever; someone else did.

Thompson said he will work hard to avoid the drug scene.

“It’s unfortunate that I’ve been in this situation all my life,” he told Orleans County Court Judge James Punch today.

The judge wished Thompson well in avoiding drugs in the future.

District Attorney Joe Cardone said in court there was “compromising proof” in the case against Thomspon.


In another case in county court, a Yates man likely will not face felony charges for fourth-degree criminal possession of stolen property.

Michael P. Silversmith, 57, of Marshall Road was arraigned in County Court on Dec. 21 for the E felony. The charge may be reduced to petit larceny, a misdemeanor. That will move the case out of County Court and to Yates Town Court.

Charges and bail reduced for Medina man who allegedly stabbed Albion teen

By Tom Rivers, Editor Posted 6 January 2016 at 12:00 am

ALBION – A Medina man faces less severe charges and a lower bail after he allegedly stabbed an Albion teen multiple times on Oct. 24.

Michael B. Collier Jr., 23, of East Oak Orchard Street was originally arraigned in Orleans County Court on Nov. 2 on second-degree assault, criminal possession of a weapon and endangering the welfare of a child. Judge James Punch set bail at $100,000.

Collier has a lengthy criminal history despite being only 23, Assistant District Attorney Susan Howard said in court on Nov. 2. He has two prior felonies, three misdemeanors, two parole revocations and a prior failure to appear in court.

The November arraignment was to set bail. Collier was arraigned in court again on Monday following a grand jury indictment. The grand jury opted not to charge him with criminal possession of a weapon. The victim of the crime has rebounded from his injuries, the DA’s office said.

Collier on Monday was arraigned on second-degree assault and endangering the welfare of a child. He allegedly stabbed a 16-year-old from Albion 10 times on Oct. 24, with one of the wounds close to the victim’s heart.

Collier pleaded not guilty to crimes on Monday in County Court. He is represented by attorney Michael O’Keefe, who asked that bail be reduced from $100,000 “so (Collier) can get out and earn a living.”

Punch, citing less serious charges against Collier, agreed to reduce bail to $50,000.


In other cases in County Court:

Two men from Lyndonville admitted to their roles in growing and possessing marijuana.

Nathan Brege, 23, of Cape Drive and his neighbor David Tower, 36, of Cape Drive pleaded guilty to attempted criminal possession of marijuana in the second degree, which carries a maximum punishment of up to 1 ½ years in state prison. As part of a plea deal they won’t be sentenced to more than a year in jail.

Neither Brege or Tower has a substantial criminal record, Judge Punch said in court.

Tower said in court the marijuana plants were grown in his yard. Both he and Brege said they watered and helped the plants to grow. The plants were seized and weighed more than 6 pounds at a lab in Niagara County.

The two will be sentenced on April 11 at 2 p.m.

A man who has been in prison since Aug. 27, 2012 was assessed as a level 2 sex offender. Ivan Borgyan, 33, allegedly had sexual contact with a 2-year-old girl. He has been in the Mohawk Correctional Facility, serving a maximum sentence of 4 years in prison for first-degree attempted sexual abuse.He could be released Feb. 16, 2016.

Punch said Borgyan had sexual contact with the victim under clothing, and has a history of drug and alcohol abuse, while not accepting responsibility for the crime.

3 are sentenced in County Court, including man to 5 years in state prison

By Tom Rivers, Editor Posted 4 January 2016 at 12:00 am

ALBION – A Bergen man was sentenced to 5 years in state prison today following his July arrest on numerous drug charges.

Delmus R. Tanner, 35, of Lake Road in Bergen faced multiple drug possession and sale charges. He is a second felony offender who was previously sentenced for third-degree criminal possession of a controlled substance in Orleans County on Dec. 5, 2008.

He was charged with nine counts of criminal sale of a controlled substance in the third degree, as well as other drug charges in July.

Tanner apologized for the crimes today during sentencing in County Court.

“I admit I was wrong,” Tanner told Judge James Punch. “I will use my time in incarceration to better myself.”

Tanner said his father died from drugs. Tanner doesn’t want to leave that example to his children.

His attorney Larry Koss said Tanner had been off drugs for 20 months and had held a job for 13 months before reconnecting with a friend and started using drugs one time. That was “the beginning of the slope” in the latest drug problems for Tanner, Koss said.

Punch said Tanner was involved in multiple drug sales and has had numerous opportunities to stay away from crime.

“I have no choice logically but to sentence you to state prison,” Punch said in sentencing Tanner to five years in state prison, plus three years of post-release supervision.


In other sentencings today:

A Batavia woman was given four months of weekends in jail plus 5 years of probation. Brooke M. Wenner, 30, of Summit Street was arrested in July and faced multiple criminal sale and criminal possession charges.

Wenner does not have prior felony charges. Punch said it was “a close call” in deciding not to send her to state prison. He allowed her to keep her driver’s license so she could continue to drive in her job so she could support her family.

A Holley resident who violated his probation was sentenced to 1 to 3 years in state prison.

Joseph Koneski, 49, was previously sentenced for driving while intoxicated in Ontario County. He violated his probation by drinking alcohol, using drugs and leaving the jurisdiction without notification.

Judge Punch said Koneski has six prior arrests for DWI or driving while impaired.

“It’s almost unbelievable you got the sentence you got in Ontario County,” Punch said about the probation sentence, given Koneski’s history.

Punch revoked Koneski’s probation and sent him to prison.

“You are a danger to the people on the highways,” the judge said.

Judge sentences 3 to state prison

By Tom Rivers, Editor Posted 21 December 2015 at 12:00 am

Batavia man gets longest punishment at 9 years

Philip R. Ayala

ALBION – Three people were sentenced to state prison today with a Batavia man getting the longest punishment at 9 years of incarceration.

Philip R. Ayala, 30, of Summit Street admitted in a previous court appearance to selling cocaine in Orleans County on March 31. He pleaded guilty on Sept. 14 criminal sale of a controlled substance in the third degree. As a second felony offender, he could have faced a sentence of 2 to 12 years in state prison.

“It’s pretty clear you’re a drug dealer with a very bad record,” said Orleans County Court Judge James Punch. “The only way you will stop is to be incarcerated.”

As part of the plea deal, Ayala’s sentence is capped at 9 years, and Punch gave Ayala the maximum. It will run concurrently as his sentence in Genesee County Court, where Judge Robert Noonan sentenced Ayala to 8 years in state prison in August.

The following were also sentenced this afternoon in County Court:

Philip A. Riley, 32, of Albion was sentenced to 5 years in state prison, the maximum under a plea deal.

Riley on Oct. 5 admitted in court he had heroin and sold it for a profit on April 7. He pleaded guilty to attempted criminal possession of a controlled substance in the third degree. Riley is a second felony offender and has been in the county jail on $100,000 bail since his arrest in July.

A Rochester man with eight alcohol-related offenses was sentenced to the maximum, 1 1/3 to 4 years in prison, for driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Jeffrey Houghtaling, 50, was arrested in Murray by Holley police on Oct. 25 when he was driving erratically with another person’s ID. He had a Blood Alcohol Content of 0.16 percent, twice the legal limit.

Houghtaling has been in treatment for alcohol and mental health, while keeping a full-time job. He said he has been sober for 14 months.

“I’m 50 years old but I have turned the corner,” Houghtaling told Judge Punch. “My commitment is to stay focused.”

Punch responded that Houghtaling has been on probation at least three times before.

“You have a deep-rooted problem,” Punch said. “I would be irresponsible as a judge to let you out again. It just doesn’t get any worse than this as far as DWI goes.”

Houghtaling also is to install an inter-lock device that measures his BAC when he is released from prison.

A Holley woman was sentenced to 90 days in jail and five years probation. Jennifer McCarthy-Conklin, 39, is a first-time offender. She admitted she had cocaine and sold it from the Holley Hotel on Feb. 27.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree.

“This is a classic case that calls out for probation but also warrants some punishment,” Punch said.