county court

Albion man with lengthy criminal history gets state prison

By Tom Rivers, Editor Posted 27 July 2015 at 12:00 am

ALBION – An Albion man with a criminal history going back 40 years was sentenced to 2 ½ years in state prison today, the maximum after he pleaded guilty on May 18 to criminal possession of a controlled substance in the fifth degree.

John B. Lang Jr., 56, has been in the Orleans County Jail on $20,000 bail since early December, when he was arrested for selling hydrocodone. Lang was living at 175 North Main St., Apt. 16.

Lang has a lengthy history of misdemeanor crimes, but this is his first felony.

His attorney, Dominic Saraceno, asked that Lang not be sentenced to state prison. Lang may have undiagnosed mental health problems, including a bipolar disorder, as well as physical ailments from when he was hit by an RV, Saraceno told County Court Judge James Punch.

Lang apologized in court.

“I’m sorry, your honor,” Lang said. “It won’t happen again.”

The judge gave Lang the maximum sentence, took away his driver’s license for 6 months and also required him to pay $560 in restitution for the buy money used by the Orleans County Major Felony Crime Task Force.

“You are a long-term criminal, and I’m giving you the maximum,” Punch said.

Holley man sentenced to state prison for burglary

By Tom Rivers, Editor Posted 20 July 2015 at 12:00 am

ALBION – A Holley man, who admitted he broke into a Holley residence last November, was sentenced to 2 to 6 years in state prison today.

Christopher D. Helsdon, 25, in May pleaded guilty to third-degree burglary. He faced a maximum 2 1/3 to 7 years in state prison. Judge James Punch gave him a little less than the maximum.

Helsdon, in a previous court appearance, said he was on heroin when he entered an unlocked Holley house on Nov. 12. Although under the influence of the drug, Helsdon said he was aware of what he was doing.

He said he stole items with the intention of selling them to a pawn store so he could buy heroin.


In another sentencing today, Curtis Stipp, 23, of Middleport was sentenced to weekends in jail over the next 60 days as well as five years of Probation.

Stipp in April pleaded guilty to criminal possession of a controlled substance in the fifth degree. He admitted he had “100-some” pills of oxycodone and intended to sell them on Nov. 22, 2013.

Teen gets state prison for burglary in Albion

By Tom Rivers, Editor Posted 13 July 2015 at 12:00 am

ALBION – An Albion teen who was part of a burglary at a village home last summer was sentenced to 1 to 3 years in state prison today.

Orleans County Court Judge James Punch granted youthful offender for the 18-year-old, meaning his record is sealed and his name shouldn’t be disclosed publicly.

The teen admitted in court in May he entered a house on West Park Street without permission, caused damage in the house and stole from the owner on Aug. 18.

As part of sentencing today, the teen was ordered to pay $3,262 in restitution to the homeowner and insurance company.

The teen faced a charge of second-degree burglary, which carries a maximum of 15 years in state prison. But in a plea agreement in May, he pleaded guilty to attempted second-degree burglary which carries a maximum of 1 1/3 to 4 years in state prison with youthful offender status.

The teen’s attorney, Michael O’Keefe, asked for a sentence of Probation. He said the teen “has every intention of paying back” the restitution.

The teen apologized to the victims and for his “bad choices.”

Another defendant in the case was already sentenced to six months in jail.

The family that was victimized by the crime wrote compelling letters about how the crime traumatized the household, which includes young children, District Attorney Joe Cardone said.

Judge Punch said the crime warranted state prison.

“You violated the sanctity of the victims’ home,” the judge said, calling the damage “wanton destruction.”


In other cases in court today:

A Medina woman was sentenced to weekends in jail over the next 60 days.

Amanda L. Major, 24, admitted in a previous court appearance she had cocaine with the intent to sell it at her residence on Starr Street in Medina on Jan. 14. She pleaded guilty to criminal possession of a controlled substance in the fifth degree, a charge that carries a maximum of 2 ½ years in state prison.

Major is a first-time offender. She has a full-time job and is in treatment at the Genesee-Orleans Council on Alcoholism and Substance Abuse.

“She has made significant changes in her life,” O’Keefe, her attorney, said at sentencing.

Major will also be on Probation for five years.

“I don’t want to see you wind up in prison,” Punch told her. “You’re pretty close to being there right now.”

An Albion man pleaded guilty to felony driving while intoxicated and faces a maximum of 1 to 3 years in state prison as part of a plea deal.

Jeremy Smith, 30, of Lydun Drive admitted in court to DWI and driving without a license on Jan. 19, 2015, when he was in an accident while driving. He said he had been drinking beer before the accident.

Without the plea, he could have faced a maximum of 4 years in prison for the DWI.

Smith has a prior felony DWI in 2006 and a prior misdemeanor DWI in 2002.

He will be sentenced on Oct. 5.

Albion man admits selling cocaine

By Tom Rivers, Editor Posted 7 July 2015 at 12:00 am

ALBION – An Albion man admitted in Orleans County Court that he sold cocaine and could be sentenced to state prison.

Martin Eusebio, 20, pleaded guilty to criminal possession of a controlled substance in the fifth degree. He could be sentenced to a maximum of 1 to 2 ½ years in state prison.

Eusebio was arrested in November and accused of cocaine trafficking in the Village of Albion. He was living at 201 Washington St., Apt. 1. He has been in jail since his arrest on $50,000 bail.

Eusebio had cocaine on Oct. 28 and sold it, he told Judge James Punch in court on Monday. Eusebio also said he isn’t a U.S. citizen.

He could be deported after serving his sentence. He will be sentenced on Oct. 5.


In other cases in County Court:

A former Medina resident who has been in state prison for more than two years was classified as a Level 2 sex offender.

Kawika Kamae, 30, has been in state prison since April 2013, when he was sentenced first-degree rape. Kamae allegedly had sex with a highly intoxicated 16-year-old girl. The girl was so intoxicated that she needed hospitalization. She was determined to have a blood alcohol content of .28 percent.

Kamae was designated as a Level 2 sex offender, which means he is a moderate risk of reoffending.

He is currently an inmate at Collins Correctional Facility. He is due to be released on Aug. 25.

He was sentenced to seven years of post-release supervision.

The judge is holding off on a plea deal for a Ridgeway resident, who faces charges of third-degree welfare fraud and first-degree offering a false instrument.

Kathy Mungenast, 51, of Ridgeway allegedly accepted $5,267 in welfare benefits she was not entitled to from July 1, 2012 to Nov. 30, 2013. She allegedly filed false paperwork to access those benefits, according to the District Attorney’s office.

Mungenast spent about three days a week with a boyfriend, and did not note with her application for public benefits that she wasn’t always living at her residence. District Attorney Joe Cardone said because Mungenast was living at another residence, she shouldn’t have received the full amount of welfare benefits she was getting.

Mungenast has no prior criminal record. She could face a year in jail, but Cardone has offered a plea deal where she would avoid jail and pay restitution.

However, Judge Punch wanted to see case law that someone living temporarily for a few days a week with a boyfriend isn’t entitled to what Mungenast received. Punch said Mungenast was still required to pay rent, buy groceries and maintain a household that includes two children.

Punch wanted to research the issue before allowing the plea deal.

An Albion woman who pleaded guilty in May to a drug charge was again arrested on June 18. Judge Punch said Leeanne Krull will be held without bail at the Orleans County Jail and needs a psychological evaluation.

Krull, 45, was most recently arrested with criminal mischief – intent to damage property in the fourth degree, disorderly conduct – obscene language gestures, and trespassing. She allegedly kicked in a door causing $200 in damage.

Krull on May 18 pleaded guilty to criminal possession of a controlled substance in the fifth degree, which usually carries a maximum sentence of 2 ½ years in state prison. Because Krull has a prior felony, the maximum will be 4 years in state prison. She will be sentenced for that crime on July 27.

Judge sentences 3 to jail/prison

By Tom Rivers, Editor Posted 6 July 2015 at 12:00 am

ALBION – Three people will spend time in jail or prison after being sentenced in Orleans County Court today by Judge James Punch.

Andre D. Shine, 31, of Starr Street in Medina received the longest sentence – five years in state prison.

Shine pleaded guilty to attempted criminal possession of a controlled substance in the third degree. As a second felony offender (criminal possession of a controlled substance in the fourth degree), the latest charge would normally carry an 8-year maximum in state prison. But as part of a plea deal, Shine was offered a maximum of five years in prison.

Shine, during his sentencing, said he takes responsibility for his actions.

Punch gave Shine the maximum sentence as part of the plea deal.

“You’ve targeted this community by spreading drugs into the community,” Punch said. “You have a long and serious criminal history. The things you have done have diminished the quality of life in this community.”


In other cases, the judge:

Sentenced Lazaro Botello, 24, of Center Road in Kendall in one to three years in state prison for driving under the influence of alcohol on Nov. 26. Punch ordered Botello to pay $250 in restitution to the Town of Kendall for damaging graves at a cemetery.

Botello had a Blood Alcohol Content of 0.21 percent, more than twice the legal limit. He has a prior conviction of driving under the influence of alcohol in June 2012 in the Town of Sweden.

His lawyer, Nathan Pace, asked that Botello not be sentenced to state prison. Pace said Botello immediately took responsibility for the crime and has received treatment through the Genesee-Orleans Regional Council on Substance Abuse.

Punch said Botello committed the crime while on Probation.

“You have been given just about every opportunity we can give you,” Punch said, calling Botello a danger on the highways.

Norman Bloom Sr., 48, of West Center Street in Medina was sentenced to a year in Orleans County Jail for driving while intoxicated. Punch said the Nov. 8 incident, which included leaving the scene of an accident, was Bloom’s fourth DWI.

“I know it was wrong and I apologize,” Bloom said.

Lyndonville woman pleads guilty to grand larceny and could be sentenced to state prison

By Tom Rivers, Editor Posted 30 June 2015 at 12:00 am

Others are arraigned in County Court on drug charges

ALBION – A Lyndonville woman admitted in Orleans County Court on Monday that she stole about $1,500 of items – rare coins, medicine, a computer, jewelry and a bayonet.

Renee Brown, 35, of Eagle Street was arraigned on fourth-degree grand larceny on Monday. She pleaded guilty to the charge and could face a maximum of four years in state prison.

She also faces charges of criminal mischief in the second degree for slashing tires and grand larceny for using someone else’s credit card.

Brown is in jail on $10,000 bail and will be sentenced on Sept. 14.


In other cases in County Court:

Judge James Punch set bail at $200,000 for a Medina man charged with grand larceny and petty larceny.

Joseph Allegue Jr., 50, was charged on June 24 with the crimes after he allegedly stole someone’s wallet at the Aldi store on Maple Ridge Road in Medina.

Allegue has five prior felonies, five prior misdemeanors and five times he failed to appear at court dates, Punch said in setting the bail.

Two Rochester men were arraigned for criminal sale and possession of drugs in Orleans County in early 2014.

Tony Thompson, 48, of Dale Street in Rochester has been charged with criminal sale and criminal possession of a controlled substance in the fifth degree.

Kenneth Thompson, 49, of Dale Street in Rochester has been charged with four counts each of criminal sale and criminal possession of a controlled substance in the third degree.

6 are sentenced for drug and other crimes in County Court

By Tom Rivers, Editor Posted 29 June 2015 at 12:00 am

ALBION – Six people were sentenced in Orleans County Court today, with sentences ranging from probation to five years in state prison.

Steven Johnson, 35, of Medina received the five-year sentence to state prison. Johnson is a second felony offender. He pleaded guilty in April to attempted criminal sale of a controlled substance in the third degree.

He was arrested after allegedly selling drugs in June and July last year.

Judge James Punch gave Johnson the maximum sentence.

“This is a very long and serious criminal history,” Punch said.

Johnson was living at 301 Park Ave. with Tamara Butler, 37. She also was arrested on numerous drug charges. Butler has a prior felony of aggravated unlicensed operation of a motor vehicle. She was sentenced today to two years in state prison.

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

“I take great responsibility for my actions and I know what I did was wrong,” Butler said in court today.


In other cases:

A former Albion woman was sentenced to a year in county jail after she admitted she illegally sold prescription drugs last April.

Ivy E. Schell, 19, was living in Buffalo when she was charged with criminal sale of a controlled substance in the fourth degree and criminal possession of a controlled substance in the fifth degree. She pleaded guilty today to criminal possession of a controlled substance in the fifth degree, and told the court she sold Hydrocodone and Acetaminophen in Albion last April.

She could have faced 2 ½ in state prison. Schell’s attorney, Paul Vacca, asked that the judge sentence to Schell to youthful offender or probation.

Punch said Schell has been given both of those opportunities before without success.

A Rochester man was sentenced to two years in state prison after he previously admitted he sold cocaine from a vehicle on McKinstry Street in Albion on Oct. 6, 2013.

Timothy J. Turner, 33, of Mount Read Boulevard in March pleaded guilty to criminal possession of a controlled substance in the fifth degree.

He is a second felony offender. Turner apologized in court for the crime in Albion.

An Albion man was sentenced to a year in county jail after being arrested with two other people for breaking into a house with four children on East State Street on May 19, 2014.

Dexter Turner, 23, of Caroline Street in Albion has a job and has become a good citizen with little chance of recidivism, his attorney Joshua Ramos said.

He asked that Turner not spend any more time in jail. He already was in jail about two months soon after being arrested. Ramos asked that Turner be sentenced to probation so he could keep his job.

Turner also apologized for the crime.

Judge Punch said probation “was not appropriate” for the crime. Besides the year in jail, the judge issued an order of protection for the victims in the crime.

Katherine Taylor, 24, of Main Street in Waterport was sentenced to five years on probation for criminal possession of a controlled substance in the fifth degree.

In a previous court appearance, Taylor admitted she sold cocaine. She has no prior felonies.

Judge sentences 3 people in county court, including 1 to state prison

By Tom Rivers, Editor Posted 17 June 2015 at 12:00 am

ALBION – Three people were sentenced for crimes in Orleans County, including state prison for an Albion man.

Curtis McCall, 28, previously of 319 West State St., was sentenced to 1 ½ to 3 years for third-degree burglary, criminal possession of a forged instrument in the second degree and attempted grand larceny in the fourth degree for crimes on June 1, 2011.

McCall had been wanted on a warrant. He turned himself in.


In other cases on Monday, Judge James Punch sentenced the following:

Dana Hubler of Holley was sentenced to a year in jail for violating her probation. She could have received 4 years in state prison.

Hubler admitted she violated her probation by driving a vehicle without a license, drinking alcohol, driving without an interlock ignition device, and missing several probation appointments.

Hubler is an Army veteran and a mother.

Punch said he didn’t think state prison was appropriate for Hubler, but he said some time incarcerated was necessary.

“I understand you have a child and served your country as a veteran, I respect that,” Punch said at sentencing. “My concern is the public safety.”

An Albion woman avoided jail time, but will serve three years on Probation and 80 hours of community service in her sentence for criminal trespass in the second degree.

Brandie Sumeriski of East Bank Street was arrested with two other people for breaking into an Albion house with four children in May 2014. Those three faced second-degree burglary and other charges.

Sumeriski was present for the crime but didn’t have an active role in it.

“Your role was somewhat tangential,” Punch said.

As part of the sentencing, he said Sumeriski needs to stay away from the co-defendants in the case.

“You have some problems and one of them is you hang around the wrong people,” the judge said.

Man who fired shots in Medina last summer sentenced to prison

By Tom Rivers, Editor Posted 16 June 2015 at 12:00 am

ALBION – A Rochester man who allegedly fired a rifle at two fleeing people in Medina last summer was sentenced to 2 to 4 years in state prison on Monday.

Nathaniel Harvey, 22, of Rochester originally was charged with attempted murder in the second degree and reckless endangerment in the first degree.

He was arrested after two men who fled on foot on July 18 in Medina. The men were not injured. A verbal altercation started on Church Street and moved near the corner of South Main and Oak Orchard streets. Harvey allegedly fired a gunshot that missed the two men and also an elderly woman who was working in her garden along South Main Street.

He pleaded guilty to reckless endangerment in the first degree as part of a plea deal. He is a second felony offender, and was convicted of criminal sale of a controlled substance in the third degree in Monroe County in 2010.

Orleans County Court Judge James Punch gave Harvey the maximum sentence of 2 to 4 years in state prison.

“You need to do as much time as possible because this is a very serious crime,” Punch said during the sentencing.

2 arraigned in county court, including Medina man for robbery in Albion

By Tom Rivers, Editor Posted 16 June 2015 at 12:00 am

ALBION – A Medina man was arraigned in Orleans County Court on Monday on multiple charges after he allegedly broke into a house on East Park Street in Albion and stole a safe with $10,000.

Joey Johnson, 28, of South Avenue is in jail on $100,000 bail. He was arraigned on second-degree burglary, third-degree robbery and third-degree grand larceny.

District Attorney Joe Cardone said Johnson entered the home of an elderly couple and took the safe on March 21.


In another arraignment in court, Jesus Vega, an inmate at the Orleans Correctional Facility in Albion, appeared in court on a charge of promoting prison contraband in the first degree.

Vega allegedly had a sharpened metal rod in the prison. He has four prior felonies. Should Vega be released from prison, Judge James Punch set bail at $100,000.

4 plead guilty to crimes in Orleans and could be sentenced to prison

By Tom Rivers, Editor Posted 9 June 2015 at 12:00 am

ALBION – Four people pleaded guilty on Monday to crimes in Orleans County and they could be sentenced to state prison.

A Brockport resident admitted he sold cocaine in a sale arranged through a phone call with someone in Orleans County.

Jesus M. Vargas, 35, said he sold the cocaine in Brockport last December. He was arrested in December following an investigation by the Orleans County Major Felony Crime Task Force into the sale and distribution of cocaine and marijuana in Orleans County and Brockport.

Vargas pleaded guilty to criminal sale of a controlled substance in the fifth degree. As a second felony offender, he would face a maximum of 1 ½ to 4 years in state prison. As part of a plea deal, he would be sentenced to no more than 2 ½ years in prison. If Judge James Punch gives Vargas more than 2 ½ years, he can withdraw the plea and go to trial.

Vargas will be sentenced on Sept. 14.

Terry R. Johnson, 25, of Medina pleaded guilty to attempted criminal possession of a forged instrument in the second degree, a charge that carries a maximum of 2 to 4 years in state prison. As part of a plea deal, Johnson would face a maximum of 1 ½ to 3 years in prison.

He admitted he knew he was given a forged check and then tried to cash it. Johnson said someone bought his car with a forged check in another person’s name. Johnson told the judge he knew the check was forged.

Joseph Taylor, 18, of Shelby Center pleaded guilty to attempted burglary in the second degree, which carries a maximum of 2 to 7 years in state prison plus 1 ½ to 3 years of post-release supervision.

Taylor admitted in court he broke into a house on Long Bridge Road in Albion on Jan. 15.

He has been in jail on $25,000 bail. After a request from attorney Nathan Pace for a reduction in the bail, Punch lowered it to $20,000 for Taylor, who will be sentenced on Sept. 14.

An Albion teen pleaded guilty to criminal mischief in the fourth degree, which has a maximum sentence of 3 years in state prison, and attempted burglary in the second degree, which carries a maximum sentence of 7 years in state prison.

The boy, 16, could be granted a youthful offender and could face a maximum of 1 1/3 to 4 years in prison as part of a plea deal. Because the boy from Albion may be given youthful offender status, Orleans Hub won’t publish his name.

The boy admitted in court he entered a house on East State Street on March 10 and stole items. He also admitted in court he jumped on top of an Albion student’s car and was dancing on it on Feb. 11. That caused $3,122 in damage to the car, District Attorney Joe Cardone said.

The boy has been in the county jail on $20,000 bail. He had his bail reduced to $5,000 on Monday. He will be sentenced on Sept. 14.

In another case, Joel Hernandez was sentenced to a year in state prison for driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Hernandez, who has a prior driving while intoxicated charge in Albion, pleaded guilty in March to DWI and AUO on Oct. 26, 2014 in Albion.

2 arraigned in county court, including Albion man recently released from prison

By Tom Rivers, Editor Posted 9 June 2015 at 12:00 am

ALBION – An Albion man who was released from state prison in November after serving a sentence for third-degree burglary was arraigned on multiple charges Monday in Orleans County Court.

Henry Marling, 27, of Holley Road allegedly broke into Empire Trading on Bank Street on April 17 and stole items and damaged property, according to the District Attorney’s Office.

Marling was arraigned on charges of third-degree burglary, third-degree grand larceny, fourth-degree criminal mischief, fifth-degree criminal possession of stolen property and unlawful possession of marijuana.

Marling has prior felony convictions.

“This defendant has a horrible criminal record,” Susan Howard, an assistant district attorney, told County Court Judge James Punch.

The judge set bail for Marling at $200,000.


In another case, an Albion woman was arraigned on additional charges following an arraignment on May 18 for offering a false instrument.

Elsie Biaselli, 71, of East State Street was arraigned on Monday for violating her probation and another charge of offering a false instrument.

Biaselli has a prior conviction of promoting prison contraband for allegedly smuggling illegal drugs in to inside Attica Correctional Facility, where her grandson was an inmate. Biaselli was sentenced to five years on probation in 2013.

She allegedly violated her probation by not disclosing she was a convicted felon on an application for a pistol permit. She was arraigned on May 18 for allegedly putting false information on her pistol permit application, a charge that carries a maximum of 4 years in state prison.

She was arraigned on a new charge of offering a false instrument by making a false statement for a welfare application, claiming a grandchild was a dependent who doesn’t live with her, according to the District Attorney’s Office.

2 are sentenced to jail for crimes in Orleans

By Tom Rivers, Editor Posted 8 June 2015 at 12:00 am

ALBION – Two people were sentenced to Orleans County Jail this afternoon by Judge James Punch.

Joshua J. Fisher, 25, of 4 North St., Albion, was sentenced to six months in jail and five years probation for felony driving while intoxicated.

Fisher was stopped by police in Albion on Nov. 9 and allegedly had a blood alcohol content of 0.16 percent, twice the legal limit.

Fisher has been in the court system before and was terminated from the Drug Court. He said he has matured and will take probation seriously. His attorney Richard Roxin told Judge Punch that Fisher is enrolled in a treatment program with the Genesee-Orleans Council on Alcoholism and Substance Abuse and is working hard to improve his life.

“Our goal here isn’t just to help you,” Punch told Fisher during sentencing. “I have to protect the public from you.”

As a term of probation, Fisher will need to use an interlock ignition device, which measures Blood Alcohol Content.

A Byron man was sentenced to four months of intermittent jail for an assault charge.

Gregory Vogt, 27, of Cook Road was charged with second-degree assault after allegedly striking a victim in the head with a bottle on Sept. 14 in the Town of Murray.

Punch told Vogt the attack was “excessive” and a “very serious crime.”

Vogt will serve his jail sentence from 6 p.m. Sundays to 6 p.m. Tuesdays for four months. He also will be on probation for five years.

4 plead guilty to felonies in Orleans County

By Tom Rivers, Editor Posted 1 June 2015 at 12:00 am

ALBION – Four people pleaded guilty in Orleans County Court today, with three of those facing drug crimes that could result in state prison.

Vickie Hughes, 49, of Brockport pleaded guilty to criminal possession of a controlled substance in the fifth degree. She admitted she had morphine in Albion last October and sold it in the Rite Aid parking lot.

Hughes, as a second felony offender, faces 1 ½ to 4 years in state prison, plus 1 to 2 years of post-release supervision when she is sentenced on Sept. 14.

Javonie McKinney, 41, of Holley pleaded guilty to criminal possession of a controlled substance in the fifth degree and could be sentenced to up to 2 ½ years in state prison on Aug. 24.

He was charged with third-degree criminal sale and possession of a controlled substance in October after a six-month investigation by Holley Police and the Orleans County Major Felony Crime Task Force.

A Lockport woman also pleaded guilty to criminal possession of a controlled substance in the fifth degree. Katrina Drake, 24, admitted she had hydrocodone and sold it from a parking lot across from the Save-A-Lot in Albion in November.

As part of a plea deal today, she won’t be sentenced to more than a year in state prison with a year of post-release supervision. If County Court Judge James Punch gives her more than a year in prison, she can withdraw her plea and go to trial.

Drake will be sentenced on Aug. 24.

A woman from South Carolina pleaded guilty to fourth-degree grand larceny. Carly S. Wells, 25, allegedly racked up $28,000 in fraudulent purchases and/or cash withdrawals on someone else’s credit card.

She agreed to pay $2,500 in upfront restitution. She is contesting the figure of $28,000. A restitution hearing may be held to determine how much she will be required to pay.

As part of the plea today, she would not be sentenced to state prison. If Judge Punch gives her a prison sentence, she can withdraw the plea and go to trial.

She is scheduled to be sentenced on Aug. 24.

Man, 27, who impregnated teen deemed Level 2 sex offender

By Tom Rivers, Editor Posted 27 May 2015 at 12:00 am

ALBION – A 27-year-old man, who had sex with a 15-year-old girl who became pregnant, will be listed as a Level 2 sex offender in a public registry, Orleans County Judge James Punch ruled.

Jairo Chavez, 27, was in Orleans County as a migrant farm worker when he had sex with the 15-year-old girl. He was convicted of two counts of third-degree rape and sentenced to two years in state prison, plus 15 years of post-release supervision.

Chavez was 26 at the time of the crime. He also is a prior felon, the District Attorney’s Office reported.

He had a hearing in Albion at county court last week to determine his risk level as a sex offender. Judge Punch deemed Chavez a Level 2 offender, considered a moderate risk for a repeat offense.

Chavez is currently an inmate at Gouverneur Correctional Facility in St. Lawrence County. He is eligible for release as early as July 6.