county court

Clarendon man sentenced to 5 years in state prison on drug, firearms charges

By Tom Rivers, Editor Posted 3 January 2024 at 5:11 pm

Anthony Disanferdinando

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

Anthony Disanferdinando, 28, of Hindsburg Road pleaded guilty on Oct. 4 to third-degree criminal possession of a controlled substance and criminal possession of a firearm.

He could have faced six years in state prison. His attorney, David Morabito, asked the judge to sentence Disanferdinando to probation only. Disanferdinando possessed many of the firearms from his stepmother, who gave them to Disanferdinando after his father died.

Disanferdinando said he kept the firearms, including many that were loaded, out of concerns for his safety. He acknowledged he sold and used drugs.

“This is classic example of someone selling drugs to buy drugs to self medicate,” Morabito said.

Disanferdinando needs treatment for drug addiction and mental health, his attorney said.

“He’s not a menace to society,” Morabito said. “He’s not a danger to the community. He just needs rehab.”

District Attorney Joe Cardone said law enforcement seized over 10 ounces of cocaine from Disanferdinando. The Orleans County Major Felony Crimes Task Force also seized a quantity of LSD, a quantity of prescription narcotic pills, THC wax, THC vapes, over 5 pounds of high-grade marijuana, $8,000 in cash, four loaded semi-auto pistols, 24 rifles and shotguns, scales, numerous packaging material and other drug paraphernalia.

Disanferdinando is paralyzed and in a wheelchair due to injuries from a car accident on Dec. 18, 2021. Morabito said the state Department of Corrections and Community Supervision (DOCCS) is concerned about meeting Disanferdinando’s medical needs and daily care in prison, but DOCCS did not send a letter stating that.

Church declined to adjourn the case to get an official response from DOCCS. He noted the sentencing was set on Oct. 4, three months ago.

Disanferdinando apologized for the crimes, and said he intends to work on his mental health and sobriety.

“I am deeply remorseful for my actions,” he said. “ I acknowledge my actions were wrong.”

Medina man sentenced to jail, probation for driving drunk in crash that killed his brother

By Tom Rivers, Editor Posted 3 January 2024 at 1:10 pm

ALBION – A Medina man was sentenced today to six months in the Orleans County Jail and five years probation for driving recklessly and drunk on May 8 in a crash that resulted in the death of his brother.

Todd Sands, 57, was apologetic and remorseful in court this morning before Judge Sanford Church.

“I take full responsibility for what happened,” Sands said during sentencing. “I caused a lot of damage for my brother’s wife, children and grandchildren who will never be able to see him again.”

Todd Sands was driving up to 94 miles per hour on Route 31A when he went off the road and struck a tree. Both he and his brother were ejected from the vehicle with Timothy Sands killed in the crash.

Todd Sands is disabled from injuries from the accident, his attorney Gregory Colavecchia said. He asked that Sands not be incarcerated and be sentenced to probation.

“He accepts responsibility,” Colavecchia told Judge Church. “Internally, emotionally and mentally he is serving a life sentence.”

Colavecchia submitted letters to the court that sought leniency for Sands. The widow of Timothy Sands also sent in a letter, asking for treatment and counseling for Todd Sands, and not jail.

District Attorney Joe Cardone said incarceration was warranted given that Todd Sands “was driving in a very reckless manner.” Cardone said other motorists were endangered that day.

The district attorney said Sands has three prior DWIs, but none since 2002.

Judge Church in his sentence noted that Sands had a BAC of 0.175 percent, more than double the legal limit, and also tested positive for THC, while driving more than 90 miles per hour without wearing a seatbelt.

Medina woman sentenced to jail for violating probation

By Tom Rivers, Editor Posted 20 December 2023 at 5:03 pm

ALBION – A Medina woman was sentenced to six months in the Orleans County Jail today by Judge Sanford Church for violating her probation.

Erica Davis, 35, also faces a new charge of criminal possession of a controlled substance in the fifth degree. She is next to appear in County Court on Jan. 3.

She was on probation for criminal contempt in the first degree for intimidating a witness and also for resisting arrest. She admitted today in court to possessing crack cocaine, drug paraphernalia and to resisting arrest.

Judge Church found those to be significant violations of her terms of probation and sentenced her to six months in the county jail.

Davis also was charged in October for allegedly selling crack cocaine in Medina along with codefendant Demarques “Dutch” Underwood. He pleaded guilty on Nov. 15 to criminal possession of a controlled substance in the third degree and could face up to six years in prison when he is sentenced on March 6.

In other cases in County Court today:

• District Attorney Joe Cardone made a plea offer to Erika Poole, 43, of Medina to plead guilty to criminal sale of a controlled substance in the third degree and face up to eight years in state prison as a second felony offender.

Cardone said Poole is facing her fourth felony drug charge. She is accused of allegedly selling more than a half ounce of cocaine.

Her attorney asked for time to consider the offer. Poole is next scheduled to appear in court on Jan. 3.

• A Rochester man who allegedly tried to bring cocaine and fentanyl into the Orleans Correctional Facility had his sentencing pushed back until Jan. 10.

Lavar Green, 46, faces 2 to 4 years in prison for attempted promoting prison contraband in the first degree. He allegedly brought the drugs to the state prison in Albion on Nov. 12, 2022.

Green is a second-felony offender and previously served 15 years in prison for first-degree robbery, from 2004 to 2019.

Albion man sentenced to state prison for burglary, criminal contempt

By Tom Rivers, Editor Posted 6 December 2023 at 11:00 am

ALBION – An Albion man was sentenced today to 2 to 4 years in state prison for third-degree burglary and two counts of criminal contempt in the first degree.

Patrick Allen, 41, of Albion on Sept. 20 pleaded guilty to the charges and admitted to entering a trailer with the intent to commit a crime on West State Street on Feb. 21, 2023. He also twice had contact with someone who had an order of protection against him.

As part of a plea agreement, he was given a reduced sentence from a maximum of 3 ½ to 7 years in prison.

He was sentenced today by Orleans County Court Judge Sanford Church.

In another case today, Medina native Erika Poole, 43, was arraigned for criminal sale of a controlled substance in the second degree for allegedly selling more than a half ounce of cocaine, which makes it an A-2 felony.

District Attorney Joe Cardone said Poole should be considered a persistent felon for her prior criminal history, which includes criminal sale and possession of a controlled substance. Cardone asked for bail, and Judge Church set it at $5,000 in cash and $25,000 bond.

Albion man pleads guilty to DWI with child in vehicle

By Tom Rivers, Editor Posted 29 November 2023 at 1:08 pm

ALBION – An Albion man pleaded guilty in Orleans County Court this morning to aggravated driving while intoxicated and could face up to 6 months in the county jail, as well as 5 years of probation when he is sentenced on Jan. 31.

Brandon Woodhams, 31, said in court today he had been drinking and his ability to drive was impaired on Aug. 10 in Gaines, when he had a child under age 15 with him.

Woodhams was given a breathalyzer and recorded a 0.23 percent BAC, about three times above the legal limit for DWI.

In other cases:

• Cal Share of Kendall was sentenced to a year in the county jail by Judge Sanford Church.

Share admitted to violating his probation in a previous court appearance. He is on probation for driving while intoxicated.

He admitted to drinking alcohol on several occasions including twice when his ignition interlock device indicated he had been drinking, for failing to report to probation on six occasions, for having an adulterated urine sample and for not doing any of his community service.

Public Defender Joanne Best presented three letters of support for Share, providing testimonials to his good character as an employee, friend and family member.

Judge Church said Share has been on probation three times. He noted that Share tried to deceive Probation with an adulterated urine sample.

• Angel Marrero, 46, of Rochester was arraigned on three different alleged burglaries, with two in Clarendon and one in Murray. Those burglaries allegedly happened in June and July.

He was arraigned on two counts of burglary in the second degree, one count of grand larceny in the third degree for stealing property worth $6,700, one county of grand larceny in the fourth degree for taking property worth $2,000, one county of petit larceny and two counts of criminal mischief in the fourth degree.

The judge set bail at $10,000 cash or $20,000 bond.

• Kevin McEwen, 41, of Kendall was arraigned on charges of second-degree criminal possession of a weapon, second-degree criminal use of a firearm, and second-degree menacing.

McEwen allegedly fired two rounds from a Glock near a person on Sept. 18 in Kendall, not intending to hurt the person but make the person scared. He has already posted $1,000 cash bail.

Medina man pleads guilty to intent to sell cocaine, could face 6 years in prison

By Tom Rivers, Editor Posted 15 November 2023 at 11:05 am

ALBION – A Medina man admitted in Orleans County Court this morning that he had cocaine with the intent to sell it.

Demarques “Dutch” Underwood, 34, was charged last month along with Erica Davis, 35, after police seized over 40 baggies of crack cocaine, $3,400 in cash, scales, numerous packaging material and other drug paraphernalia.

Underwood pleaded guilty in court today to criminal possession of a controlled substance in the third degree.

He will be sentenced on March 6.

In other cases in court this morning:

• Cassandra McGuire, 33, of Albion was sentenced to four months of weekends in the Orleans County Jail plus five years of probation.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree on Sept. 13. She admitted she had cocaine on June 18, 2020 with the intent to sell it.

She is a first-time felony drug offender. She could have faced up to 1 to 2 ½ years in state prison.

Her attorney, Scott Stopa, said McGuire has made many positive changes in her life. He asked for no jail time.

Judge Sanford Church said he will give someone incarceration if they have been selling drugs, which he said McGuire did multiple times.

She also has to pay $550 in restitution to the Orleans County Major Felony Crime Task Force, and $425 for court, DNA and crime victims’ fees.

• Alonzo Jorge of Holley pleaded guilty to attempted criminal mischief in the second degree. He used an ax to break windows and cause damage to a Silverado truck on Aug. 24. Jorge admitted to causing the damage on Aug. 24, which is estimated at $1,531.

He faces a maximum of 1 to 3 years in state prison when he is sentenced on Jan. 17.

Albion man sentenced to weekends in jail for road rage incident

By Tom Rivers, Editor Posted 26 October 2023 at 10:36 am

ALBION – An Albion man was sentenced to four months of weekends in the Orleans County jail for a road rage on Feb. 28 in Clarendon.

James Duggan, 59, of Albion allegedly became angry when he was passed by another driver. Duggan then tailgated that person who pulled over. Duggan then allegedly had a knife while he approached the other driver.

The other driver tried to grab Duggan’s hand that was holding the knife and the other person’s hand was cut, the District Attorney’s Office said.

Duggan was facing a charge of second-degree assault. That was reduced to third-degree assault as part of a plea agreement. He was sentenced to four months of weekends in jail and three years probation on Wednesday by Orleans County Court Judge Sanford Church.

In other cases in County Court:

Jennifer Sportsman, 48, of Clarendon pleaded guilty criminal possession of stolen property in the fifth degree and faces up to two years on probation.

Sportsman admitted to having a travel trailer that she knew belonged to someone else and that she didn’t have a right to keep it. The trailer is valued at more than $3,000.

Khyrel Ware, 26, a former inmate at the Orleans Correctional Facility, pleaded guilty to attempted assault in the second degree for striking a corrections officer and causing that officer jaw pain and dizziness. The CO was out of work for five weeks. Ware faces an additional 1 ½ to 3 years in state prison. He is now incarcerated at the Mid-State Correctional Facility in Marcy near Utica.

Medina man sentenced to 6 years in state prison on drug charges

By Tom Rivers, Editor Posted 18 October 2023 at 12:47 pm

MEDINA – A Medina man was sentenced to 6 years in state prison after he faced numerous drug charges for criminal sale and criminal possession for a controlled substance.

Ronald O. Riley Jr.

Ronald O. Riley Jr., 44, was charged in June for allegedly selling crack cocaine. He was sentenced as a second-felony offender this morning in Orleans County Court by Judge Sanford Church. Riley also will be on post-release supervision for three years when he is out of prison.

In other cases in County Court today:

• Xavier Hand, 26, of Medina pleaded guilty to criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the second degree. He faces up to six years in state prison when he is sentenced on Jan. 10.

Hand admitted in court today he had fentanyl last January with the intent to sell it. He also admitted to having a loaded firearm.

He was charged in February and accused of selling and distributing fentanyl pills disguised as prescription oxycodone pills. He also allegedly disguised Xanax bars and high-grade marijuana.

Law enforcement seized 114 fentanyl pills disguised as Oxycodone pills, over 2,000 disguised Xanax bars, over a half of pound of Psilocybin mushrooms, over 14 pounds of high-grade marijuana, over $156,000 in cash, a loaded .40 caliber semi-automatic pistol, scales, numerous packaging material and other drug paraphernalia.

• Corey Weathers of Rochester pleaded guilty to criminal possession of a controlled substance in the fifth degree and faces up to two years in state prison when he is sentenced on Jan. 10.

Weathers was stopped in a vehicle on Route 31A (West Lee Road) in Barre on Nov. 22 and law enforcement found two bags with a white powder that was confirmed to be cocaine, District Attorney Joe Cardone said in court.

Weathers is a second-felony offender. He also faces 1 to 2 years of post-release supervision as part of the plea agreement today.

• Austin Buzzard, 24, of Carlton was sentenced to six months in the county jail for violating his probation. Judge Church revoked the probation after Buzzard admitted to being in contact with someone who has an order of protection against him, for making a false statement, for getting arrested, and for not notifying probation of an address change.

• Cal Share of Kendall admitted to violating his probation and could face up to 364 days in the county jail when he is sentenced on Nov. 29.

Share is on probation for driving while intoxicated. He admitted to drinking alcohol on several occasions including twice when his ignition interlock device indicated he had been drinking, for failing to report to probation on six occasions, for having an adulterated urine sample and for not doing any of his community service.

• Joe Cortez, 40, of Batavia was found to be incompetent by mental health professionals. His case has been delayed so he could have a psychological evaluation.

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

He will now receive mental health treatment to see if he can be competent to help in his own defense.

Holley man sentenced to 2 years in state prison for drug charge

By Tom Rivers, Editor Posted 11 October 2023 at 12:13 pm

ALBION – A Holley man was sentenced to two years in state prison today after being unsuccessful in a drug diversion program which could have reduced the charge to a misdemeanor and kept him from going to prison.

Shane Dipilato, 26, was sentenced today by County Court Judge Sanford Church for third-degree criminal possession of a controlled substance and driving while ability impaired.

Dipilato was charged on June 16, 2022, after running into a tree at Hillside Cemetery in Holley.

Dipilato admitted to drinking alcohol while using fentanyl before driving that day. He also said he had fentanyl that he gave to friends, which is considered “selling” in a criminal definition.

Judge Church accepted Dipilato into a diversion program with treatment but Dipilato was unable to meet the rules of the program.

In other cases in County Court this morning:

Jonathan Dejesus, 42, of Dunkirk is a former corrections officer at the Albion Correctional Facility. He was arraigned on charges of third-degree rape and official misconduct for allegedly having sexual intercourse with a female inmate at the prison in August 2022.

He was released on his own recognizance and doesn’t have to post bail.

Alexander Blount, 34, of Medina was sentenced to five years of probation for reckless endangerment in the first degree. He started a fire inside an apartment on Telegraph Road in Ridgeway that put people in danger who lived in other apartments in the building.

Blount doesn’t have a prior criminal record. He could have faced 2 1/3 to 7 years in prison as the maximum for the charge.

Ean Hofmeister, 22, of Ridgeway was assessed as a level 2 sex offender. In November 2019 he was sentenced to state prison for attempted rape in the first degree, plus 15 years of post-release supervision. He had sex with a 12-year-old girl who became pregnant. The victim would have a miscarriage.

Hofmeister is currently an inmate at the Marcy Correctional Facility and could be released Oct. 23.

Clarendon man pleads guilty to drug, firearms charges

By Tom Rivers, Editor Posted 4 October 2023 at 2:55 pm

Anthony Disanferdinando

ALBION – A Clarendon man pleaded guilty in Orleans County Court this morning to third-degree criminal possession of a controlled substance and criminal possession of a firearm.

Anthony Disanferdinando, 28, of Hindsburg Road in Clarendon faces up to 6 years in state prison when he is sentenced on Jan. 3. The drug charge normally carries a maximum of 9 years in prison while the firearms charge has a maximum of 1 1/3 to 4 years. As part of a plea agreement, the sentences concurrently and include up to two years of post-release supervision.

Disanferdinando was charged on Jan. 31, after an investigation into the sale and distribution of cocaine. The Orleans County Major Felony Crime Task Force and Orleans County Sheriff’s Office executed search warrant at Disanferdinando’s residence.

Law enforcement seized over 10 ounces of cocaine, a quantity of LSD, a quantity of prescription narcotic pills, THC wax, THC vapes, over 5 pounds of high-grade marijuana, $8,000 in cash, four loaded semi-auto pistols, 24 rifles and shotguns, scales, numerous packaging material and other drug paraphernalia, the Task Force reported.

Medina man pleads guilty to criminally negligent homicide in death of brother

By Tom Rivers, Editor Posted 4 October 2023 at 11:52 am

ALBION – A Medina man pleaded guilty in Orleans County Court this morning to criminally negligent homicide.

Todd D. Sands, 56, admitted to drinking heavily on May 8 while spending time with his brother Timothy R. Sands, also 56.

Todd Sands was driving up to 94 miles per hour on Route 31A when he went off the road and struck a tree. Both men were ejected from the vehicle with Timothy Sands killed in the crash.

District Attorney Joe Cardone said Todd Sands had a blood alcohol content of 0.175 percent, more than twice the legal limit.

In court this morning in front of Judge Sanford Church, Todd Sands admitted that he had been drinking alcohol with his brother and playing the Wii video game prior to them getting in a minivan. Todd Sands said he has no recollection of driving that day but he recalls drinking and then waking up in a hospital.

He pleaded guilty to criminally negligent homicide where a person acts in a way “that fails to recognize a substantial and unjustifiable risk of death, that a reasonable person would observe would establish the necessary intent.”

The charge carries a maximum of 1 1/3 to 4 years in state prison. As part of a plea agreement today, Todd Sands faces a maximum of 6 months in the Orleans County Jail and five years of probation when he is sentenced on Jan. 3.

Cardone did not request bail for Todd Sands, who the DA said “has been totally cooperative.”

Albion man sentenced to more than 10 years in prison for child pornography

Posted 22 September 2023 at 10:14 pm

Press Release, U.S. Attorney Trini E. Ross, Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that Anthony J. Alello, Jr., 32, of Albion, who was convicted of possession of child pornography, was sentenced to serve 132 months in prison and 35 years of supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in January 2022, an undercover FBI agent began communicating with Alello online using the Kik application. During these communications, Alello sent the agent links to cloud storage folders that contained child pornography.

One folder contained approximately 2,484 videos of child pornography, and another folder contained approximately 45 videos of child pornography.

On March 24, 2022, the FBI executed a search warrant at Alello’s residence and seized his cellular telephone. A subsequent forensic examination recovered approximately 1,744 images and six videos of child pornography, some of which depicted pre-pubescent children and violence against children.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Albion Police Department, under the direction of Chief David Mogle, and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.

3 plead guilty in county court and could be sentenced to prison

By Tom Rivers, Editor Posted 21 September 2023 at 11:34 am

ALBION – Three people pleaded guilty to felonies on Wednesday in Orleans County Court and could be sentenced to state prison.

Patrick Allen, 41, of Albion pleaded guilty to third-degree burglary and two counts of criminal contempt in the first degree.

Allen could be sentenced to a maximum of 2 to 4 years in state prison. He was given a reduced sentence from a maximum of 3 ½ to 7 years as part of a plea agreement.

He admitted to entering a trailer with the intent to commit a crime on West State Street on Feb. 21, 2023. He also twice had contact with someone who had an order of protection against him.

Judge Sanford Church set bail at $50,000 bond and $10,000 cash.

• Steven Johnson, 22, pleaded guilty to promoting prison contraband at the Orleans Correctional Facility, where he was incarcerated in April 2022 and possessed a sharpened plastic handle with a metal wire. He could be sentenced to another 1 ½ to 3 years in prison on Jan. 3. If he went to trial and was convicted, he could have been sentenced to a maximum of 2 to 4 years in prison. He is scheduled to be sentenced on Jan. 3.

• Chasity Zinnate, 43, pleaded guilty to third-degree burglary for entering an apartment on Main Street in Medina without permission and taking a computer, iPhone and other property on Dec. 5, 2022.

She faces up to 1 1/3 to 4 years in prison when she is sentenced on Dec. 24. If she had gone to trial and was convicted, she could have faced 2 ½ to 7 years in prison.

• Darren Wilson, 62, of Lyndonville was assessed as a level 1 sex offender, the lowest level. He pleaded guilty on March 29 to possessing a sexual performance of a child. He was sentenced in May to weekends in the county jail for four months. He will also be on probation for 10 years.

Kendall man sentenced to prison for damaging jail, obstructing breathing

By Tom Rivers, Editor Posted 13 September 2023 at 5:44 pm

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

Brandon J. Baker, 32, pleaded guilty to criminal mischief in the third degree for causing $651 in damage to a sink and faucet in the county jail. He received 1 to 3 years for that crime.

He also pleaded guilty to obstruction of breathing and received 364 days in the county jail, which will be satisfied with the state prison time.

Baker used his forearm to pin a woman against a wall, making it difficult for her to breathe.

That woman spoke at the sentencing, and asked the judge to give Baker the maximum sentence. She said she fears for her safety with Baker. The judge issued an order of protection for her until 2034.

“He is not a nice man,” the victim told the judge during sentencing. “He can’t go around in society taunting people for fun.”

Baker said he has anger issues and has been taking anger management classes while in the jail. He apologized to the victim, and also to the county for the damage in the jail.

In other cases:

• Cassandra McGuire, 33, of Albion pleaded guilty to criminal possession of a controlled substance in the fifth degree. She admitted she had cocaine on June 18, 2020 with the intent to sell it.

She is a first-time felony drug offender. She faces a maximum of 1 to 2 ½ years in state prison when she is sentenced on Nov. 15.

Albion man sentenced to 10 years in prison for child pornography

Posted 23 August 2023 at 3:50 pm

Press Release, United States Attorney’s Office, Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that Spencer Hart, 39, of Albion, who was convicted of possession of child pornography involving a prepubescent minor and having a prior conviction under the laws of any state relating to the possession or receipt of child pornography, was sentenced to serve 120 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Maeve E. Huggins, who handled the case, stated that in October 2018, Hart was convicted in Orleans County Court of attempted possession of an obscene sexual performance by a child.

On July 16, 2020, a search warrant was executed at Hart’s residence and child pornography was found on a computer belonging to Hart. In total, Hart possessed more than 600 images of child pornography, some of which included prepubescent minors and depicted violence against children. Hart also admitted that he distributed child pornography using a peer-to-peer software program in June 2020.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Orleans County Sheriff’s Office, under the direction of Sheriff Christopher Bourke.