ALBION – A Medina man who was unsuccessful in staying off drugs during Drug Court was sentenced today to 1 year in state prison.

Matthew J. Albone, 33, of Medina was charged in January 2014 with two counts of criminal sale of a controlled substance in the fourth degree and two counts of criminal possession of a controlled substance in the fifth degree.

He pleaded guilty on June 9, 2014 court to CPCS in the fifth degree and CPCS in the seventh degree. He admitted in court to selling prescription narcotics that were prescribed to him.

If he completed Drug Court the charge of CPCS in the 5th degree would have been dismissed. However, Albone continued to use drugs.

His attorney, Shirley Gorman, said he was successful for six months at a residential treatment program and another five months of supportive living. But he met somebody he knew from when he used drugs and that triggered a relapse, Gorman said in court today.

In one case he had to be revived after being found unconscious in a field in Rochester.

“It’s certainly a long difficult path that brought you here,” Orleans County Court Judge James Punch said during sentencing. “You’ve been provided numerous services and treatments. There are people who would give anything for the treatment you have rejected.”

In other cases today:

Kaylee M. Loiacono, 27, of Brockport admitted she sold cocaine from her home on Taylor Road on April 6, 2015.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree. That charge normally carries a maximum of 2 ½ years in state prison. As part of a plea deal, she will face a maximum of six months in the county jail.

An Albion man rejected a plea offer that would have capped his state prison sentence to 4 years. Brandon A. Honore, 30, of East Park Street has been charged with 2 counts of criminal sale of a controlled substance in the 3rd degree, and 2 counts of criminal possession of a controlled substance in the 3rd degree (Class B felonies).

Honore and Loiacono were among 19 people arrested in July following a seven-month investigation into the sale and distribution of drugs in Orleans County.

Honore’s trial will begin Feb. 17.

Joseph Koneski, 49, of Holley was arraigned for violating his probation. He was previously sentenced for driving while intoxicated in Ontario County. He allegedly violating his probation by drinking alcohol, using drugs and leaving the jurisdiction without notification, Judge Punch said during arraignment today.

Koneski was remanded to jail on $2,000 bail.

ALBION – A Medina resident pleaded guilty to driving while intoxicated and could face a 1 to 3 year sentence in state prison.

Justin R. Carpenter, 31, of Medina was charged with felony DWI and aggravated unlicensed operation after he was stopped Aug. 22 by state police.

Carpenter admitted in Orleans County Court on Monday that he had been drinking on Aug. 22. 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.

Carpenter could have faced a maximum of 1 1/3 to 4 years in state prison, but as part of a plea deal on Monday the sentence will be a maximum 1 to 3 years. He will be sentenced on Feb. 1.

In other cases in County Court, the following were arraigned:

Stacy Hamilton, 31, of Yates-Carlton Townline Road, Carlton. She is charged with grand larceny in the third degree, and endangering the welfare of an incompetent or physically disabled person in the first degree. She allegedly took about $15,000 from an elderly person, who she was managing the finances for, according to the District Attorney’s Office.

Stuart J. Rodden, 25, of Medina was arraigned for violating probation. He was previously arraigned on Oct. 5 for driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the third degree.

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

Jeddida Manning, 19, who was an inmate at the Orleans Correctional Facility before being moved to the Lakeview Correctional Facility in Oswego County.

Manning has been charged with aggravated harassment of an employee by an inmate after he allegedly bit a corrections officer, and exposed the officer to Manning’s blood. Manning is currently serving a sentence of 2 to 6 years for attempted arson and criminal possession of stolen property.

ALBION – An Albion grandmother who violated her probation and also faced felony charges for lying on her pistol permit and welfare application was sentenced to 1 1/3 to 4 years in state prison today.

Elsie Biaselli, 71, of East State Street on Aug. 24 admitted to violating probation, and two counts of offering a false instrument.

She 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 violated her probation by not disclosing she was a convicted felon on an application for a pistol permit. She filled out the pistol permit application in February.

Biaselli also admitted to filing a false instrument by making a false statement on a welfare application, claiming a grandchild was a dependent who doesn’t live with her.

Biaselli faced a maximum to 2 to 4 years in state prison. Judge James Punch gave her 1 1 /3 to 4 years.

In other sentencings today:

A Gaines resident was sentenced to 2 years in state prison. Shane M. Maynard, 37, was arrested in July on multiple drug charges. He pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 2 ½ years in state prison.

Maynard is a first-time felony offender. Punch sentenced him to less than the maximum.

Maynard told the court in August that a confidential informant purchased methamphetamine from his residence at 12801 Ridge Rd., Apt. B.

An Albion man who admitted to selling cocaine was sentenced to six months in the county jail.

Martin Eusebio, 20, admitted in a previous court appearance he sold cocaine in Albion last Oct. 28. He pleaded guilty to criminal possession of a controlled substance in the fifth degree and could have been sentenced to a maximum of 1 to 2 ½ years in state prison.

Eusebio isn’t a U.S. citizen. He could be deported after serving his sentence.

ALBION – Three people, including two with lengthy criminal histories, were arraigned in Orleans County Court this week.

Charles A. Verstreate, 46, of Rochester is in Orleans County Jail on $100,000 bail. He was arrested on Aug. 11, following an undercover buy operation of oxycodone pills by the Orleans County Major Felony Crime Task Force and the Orleans County Sheriff’s Department.

Verstreate was charged with one count each of criminal sale and criminal possession of a controlled substance in the third degree, both felonies.

He has seven prior felonies, 17 prior misdemeanor crimes and twice has failed to appear at court appearances, District Attorney Joe Cardone said when Verstreate made his first court appearance in August.

Judge James Punch set bail at $100,000 for Verstreate due to his “profoundly serious criminal history.”

Bennie Coger, 63, of Medina was arraigned on 2 counts of criminal sale of a controlled substance in the 3rd degree, and 2 counts of criminal possession of a controlled substance in 3rd degree.

The judge set bail at $25,000 for Coger, who is currently on state parole due to two prior felonies.

Stuart J. Rodden, 25, of Medina was arraigned for driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the third degree.

Rodden was charged on Aug. 7 following the investigation of a motor vehicle accident with an unregistered dirtbike on South Lyndonville Road (Route 63) in the Town of Ridgeway. Rodden posted $2,500 bail in Town Court. Judge Punch is keeping the bail at $2,500.

ALBION – A Holley woman is accused of smuggling drugs into the Orleans County Jail, and two other people also face drug charges, the Orleans County Major Felony Crime Task Force announced today.

Stephanie M. Rauch

The Task Force and corrections officers at the county jail on Oct. 1 conducted an investigation involving drugs being brought in the jail during inmate visits, which resulted in the seizure of a controlled substance, marijuana and the arrest of a Holley woman who was charged with numerous drug charges, the Task Force reported.

Stephanie M. Rauch, 27, of 4 North Main St., was charged with 1 count of attempted criminal sale of a controlled substance in the fifth degree (Class D felony), 1 count of criminal possession of a controlled substance in the fifth degree (Class D felony), 1 count of attempted promoting prison contraband in the first degree (Class D felony), and 1 count of unlawful possession of marijuana.

Rauch was arraigned in the Ridgeway Town Court by Town Justice Joseph Kujawa. She was committed to the Orleans County Jail on $10,000 cash bail. Rauch is to appear in Albion Town Court today.

Corey A. Brown

Two others were arrested on Monday after an investigation into the sale and distribution of suboxone in the Village of Holley. The Major Felony Crime Task Force along with officers from the Division of Parole, arrested a parolee and his girlfriend for criminal sale of a controlled substance.

Corey A. Brown, 29, of 175 North Main St., Albion, was charged with 1 count of criminal sale of a controlled substance in the fifth degree (Class D felony) and 1 count of criminal possession of a controlled substance in the fifth degree (Class D felony).

Roxanne M. Thomas

He was arraigned in Murray Town Court by Town Justice Theodore Spada Jr. Brown was committed to the Orleans County Jail on $50,000 cash bail. He is to appear in Murray Town Court on Thursday at 5:30 p.m.

The New York State Division of Parole filed a parole detainer for Brown with the Orleans County Jail.

Roxanne M. Thomas, 29, of 17 Jay Drive, Holley, was charged with 1 count of criminal sale of a controlled substance in the fifth degree (Class D felony) and 1 count of criminal possession of a controlled substance in the fifth degree (Class D felony).

She was arraigned by Murray Town Justice Theodore Spada Jr. and committed to the county jail on $10,000 cash bail. She is to appear in Murray Town Court on Thursday at 5:30 p.m.

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

Philip A. Riley, 32, of West Bank Street in Albion faces the longest possible sentence – up to 5 years in state prison when he is sentenced on Dec. 21.

Riley admitted in court on Monday that 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, a charge that carries a maximum of 8 years in state prison. As part of a plea deal, his sentence will not exceed 5 years, plus 1 ½ to 2 years of post-release supervision.

Riley was charged in July along with 16 other people in a big drug bust in Orleans. Riley has been in the county jail on $100,000 bail since his arrest.

Jennifer McCarthy-Conklin, 39, of 1 Thomas St., Holley, was part of the drug arrests in July. She pleaded guilty in court on Monday. 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, which carries a maximum sentence of 2 ½ years in state prison, plus one year of post-release supervision. She will be sentenced on Dec. 21.

Matthew Ritzel, 26, of Hamlin pleaded guilty to entering a house on Kendall Road in Murray and taking items from the dwelling on June 3.

He pleaded guilty to attempted burglary in the second degree, which carries a maximum sentence of 2 to 7 years in state prison.

As part of a plea deal, Ritzel, who has no prior criminal history, won’t be sentenced to be more than a year in county jail. If the judge gives him more than a year, Ritzel can withdraw the plea and go to trial.

He will be sentenced on Jan. 11.

Press Release, U.S. Attorney William Hochul

BUFFALO – U.S. Attorney William J. Hochul Jr. announced today that Adam Rissew, 39, a former Monroe County Public Defender currently of Rochester and formerly of Medina, pleaded guilty to possession of firearm in furtherance of a drug trafficking before U.S. District Judge William M. Skretny.

The charge carries a mandatory prison term of 5 years and a $250,000 fine.

Assistant U.S. Attorney Anthony M. Bruce, who is handling 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 kept between Rissew’s mattress and box springs. During his plea Rissew admitted he used the pistol to protect his marijuana growing operation.

The plea is the result of an investigation by the Medina Police Department, under the direction of 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.

Sentencing is scheduled for Jan. 25, 2016 at 3 p.m. before Judge Skretny.

ALBION – Three people were sentenced to state prison today by Orleans County Court Judge James Punch.

Two people, a Medina woman and Rochester man, were sentenced for drug crimes, while an Albion man was sentenced for felony driving while intoxicated.

Jeremy Smith, 30, of Lydun Drive in Albion received the longest sentence at 1 to 3 years in state prison for driving under the influence of alcohol and aggravated unlicensed operation of a motor vehicle. He pleaded guilty on July 13 to felony DWI.

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

He could have faced up to 4 years in state prison, but received a reduced sentence as part of a plea deal.

His attorney, Dominic Saraceno, said Smith has struggled with alcohol since he was 13.

“He’s had a problem with alcohol since he was 13,” Saraceno said during sentencing. “It has pretty much destroyed his life.”

Punch said Smith not only was driving drunk, but was in an accident, refused a Breathalyzer test and marijuana was at the scene.

“Alcohol hasn’t destroyed your life but it has pretty much screwed it up at this point,” Punch said. “You’re a young man. You have a lot of years ahead of you.”

The judge revoked Smith’s driver’s license for a year and ordered that he pay a $520 court surcharge and $50 DNA fee.

“I hope you can figure out a way to stop drinking,” Punch told Smith at the sentencing.

In other sentencings in County Court today:

A Medina woman was sentenced to 1 ½ years in state prison. Judge Punch recommended that Erika Poole, 34, of Church Street, serve her time at the Willard Drug Treatment Center, a specialized state prison in Romulus, Seneca County.

Poole pleaded guilty to attempted criminal possession of controlled substance in the fifth degree, which has a maximum sentence of 2 years. Judge Punch gave her less than the maximum today.

Her attorney, Christopher Rodeman, said Poole has struggled with drug use.

“It’s very apparent she has engaged in this type of lifestyle due to her substance abuse problems and she is in dire need of treatment,” Rodeman said at sentencing.

Punch said he would recommend the State Department of Corrections give Poole the treatment program at Willard.

He told Poole she has a history of committing serious crimes, and she has handled herself with some arrogance during court proceedings.

“Arrogance is the enemy of change,” the judge told her. “If you want to change you need a touch of humility.”

A Rochester man was sentence to 1 ½ years in state prison for attempted criminal possession of a controlled substance in the fifth, a crime with a maximum of 2 years in prison.

Kenneth Thompson, 49, of Dale Street was charged with criminal sale and possession of drugs in Orleans County in early 2014.

Thompson said in court he has lost a family member to drugs.

“I decided not to touch drugs again,” he told the judge during sentencing.

Punch said Thompson has a “bad record” with prior crimes. The judge said he believed Thompson was sincere in wanting to avoid future drug activity.

“Think of the thousands of people who have died from drugs,” Punch said. “Maybe it will save your life.”

Press Release, US Attorney William Hochul

BUFFALO – U.S. Attorney William J. Hochul Jr. announced today that Donald R. Griffin, 37, of Rochester pleaded guilty to committing a murder in aid of a racketeering enterprise, before U.S. District Judge Richard J. Arcara. The charge carries a penalty of life in prison and a $250,000 fine.

Sentencing is scheduled for Feb. 3, 2016 at 1 p.m. before Judge Arcara.

Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that Griffin was one of three individuals who broke into the Medina home of 78-year-old Homer Marciniak in the early morning hours of July 5, 2010.

The intent of the burglary was to steal Marciniak’s valuable collection of comic books with an estimated value of $30,000. During the course of the burglary, Marciniak woke up and stumbled into the hallway where he encountered Griffin and the others.

The defendant struck Marciniak in the face causing lacerations. After Griffin and the others left, Marciniak was transported by ambulance to Medina Memorial Hospital where his lacerations were sutured. However, following his release from the hospital’s emergency room, Marciniak went into cardiac arrest and died a short time later.

Medical evidence that the government was prepared to offer at trial demonstrated that the blow Griffin struck, as well as the emotional trauma caused by the burglary, directly contributed to Marciniak’s cardiac arrest and resulting death.

Rico Vendetti, the former owner of the East Side Gold and Audio Pawn Shop and Al’s Green Tavern on North Goodman Street in Rochester, engineered the burglary. He was convicted of Racketeering Influenced Corrupt Organization (RICO) Conspiracy and is awaiting sentencing.

Defendants Terry Stewart and Brandon Meade were also convicted in connection with this case.

The two other individuals involved in the burglary were Juan Javier, a juvenile at the time of the burglary who was convicted of robbery in Orleans County Court, and Albert Parsons, who will be tried in federal court beginning on Dec. 8, 2015 along with co-defendants Arlene Combs and Dayon Shaver.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, the New York State Police, under the direction of Major Craig Hanesworth, the Orleans County Sheriff’s Department, under the direction of Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of Chief Jose Avila and officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli.

ALBION – A Medina man admitted to breaking into the home of anelderly Albion couple and stealing some of their possessions, a crime that could result in up to 5 years in state prison.

Joey Johnson, 28, of South Avenue pleaded guilty to attempted burglary in the second degree on Monday during Orleans County Court. The charge, a Class E violent felony, normally carries a maximum sentence of 2 to 7 years in state prison.

As part of a plea deal, Johnson will not be sentenced to more than 5 years in prison. Johnson was charged with burglary, robbery and larceny after he entered the home of an elderly couple on March 21 and allegedly stole a safe with $10,000.

He will be sentenced on Nov. 23.

Several others pleaded guilty on Monday:

William A. Nichols of 46 W. Albion St., Apt. 3., Holley, admitted to hitting another man with a BB Gun during a fight at the Public Square in Holley on May 8.

Nichols pleaded guilty to attempted second-degree assault for a crime that left the other man with a gash to the head and check, and head aches, forcing him to miss work, according to Assistant District Attorney Susan Howard.

Nichols also admitted to punching another man with his fists during a fight on June 13. He pleaded guilty to third-degree assault.

He could face up to 1 1/3 to 4 years in state prison when he is sentenced on Nov. 30.

A Rochester man admitted to driving while intoxicated and aggravated unlicensed operation of a motor vehicle, crimes that could result in up to 4 years in state prison.

Jeffrey Houghtaling, 49, 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 was in a homeless shelter in Monroe County when he allegedly stole the identification from a person there. Houghtaling then allegedly drove to North Carolina with the other person’s documents.

Houghtaling has at least four prior felony DWIs, and two prior misdemeanor DWIs, District Attorney Joe Cardone said when Houghtaling was arraigned in county court on May 18.

He will be sentenced on Dec. 21.

A Kent resident admitted to violating his probation and faces a maximum of 1 1/3 to 4 years in prison when he is sentenced on Nov. 16.

Luke G. Sorta, 23, was on probation but he didn’t meet terms for his probation when he abandoned his job at Brunner, failed to get his General Equivalency Diploma, admitted to smoking marijuana several times, as well as consuming alcohol and circumventing the drug testing policy. He also left the area without telling probation.

Sorta was recently arrested in Idaho on a warrant for violating probation. He was returned to Orleans County and has been in the county jail.

ALBION – A Batavia man admitted to selling cocaine in Orleans County on March 31 and could face up to 9 years in state prison.

Philip R. Ayala, 30, of Summit Street pleaded guilty on Monday to 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.

As part of a plea deal in Orleans County Court, Ayala would face no more than 9 years in state prison, plus up to three years of post-release supervision.

Ayala also faces drug charges in Genesee County. As part of the plea deal in Orleans County, he would serve a concurrent sentence for both charges in Orleans and Genesee counties.

Ayala was sentenced to 8 years in state prison last month by Genesee County Court Judge Robert C. Noonan.

Ayala will be sentenced in Orleans County on Dec. 21.

In other drug cases on Monday:

A Hamlin man admitted he sold cocaine in Monroe County and Holley in transactions arranged with a confidential informant in Orleans County.

Joel E. Johnson, 31, of Fox Hollow Street pleaded guilty to attempted criminal sale of a controlled substance in the third degree, a charge that normally carries a sentence up to 5 1/2 years in state prison.

However, as part of a plea deal the sentence will be capped at no more than 4 years, plus up 1 to 2 years of post-release supervision.

Johnson will be sentenced on Nov. 23.

An Albion man admitted to selling marijuana in excess of 25 grams on May 28.

Charles A. Santiago, 27, of 214 North Main St. pleaded guilty to third-degree criminal sale of marijuana. District Attorney Joe Cardone said the marijuana sold by Santiago weighed 27.55 grams at a Niagara County lab.

Santiago accepted a plea deal that calls for a maximum sentence of 1 ½ years in state prison. He is a first-time felony offender.

He will be sentenced on Nov. 23.

ALBION – Several people were sentenced to state prison on Monday by Orleans County Court Judge James Punch for crimes that included selling and possessing drugs, and other felonies.

Vickie Hughes, 49, of Brockport was sentenced to 2 ½ years in state prison, plus 2 years of post-release supervison.

She pleaded guilty on June 1 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, could have been sentenced to up to 4 years in state prison.

Another Brockport resident who admitted to selling cocaine and marijuana was sentenced to 2 ½ years in prison.

Jesus M. Vargas, 35, 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.

A Medina resident was sentenced to 1 ½ to 3 years in prison for trying to cash a forged check.

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 faced a maximum 1 ½ to 3 years in prison.

He admitted in a previous court appearance 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.

Judge Punch said prison was warranted “considering the nature of the crime and your long criminal history.”

Joseph Taylor, 18, of Shelby Center was sentenced to 2 ½ years in state prison and 2 years of post-release supervision for attempted burglary in the second degree.

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

Taylor’s attorney Nathan Pace requested youthful offender status for Taylor and a split sentence with probation to “give him an opportunity to improve himself.”

Punch said Taylor has twice been given youthful offender. The judge denied youthful offender this time.

“This is a serious crime and it looks to me like a crime spree,” Punch said.

A 17-year-old boy from Albion was sentenced to six months in county jail for attempted second-degree burglary and criminal mischief. He also was ordered to pay $3,564 in restitution for the costs of fixing a car he damaged.

The boy was granted youthful offender. Orleans Hub won’t publish his name. He will need to pay the restitution over 48 months once he is out of jail.

“People work hard for their property and then you just wreck it,” Punch told the boy. “This is a serious thing.”

Holley man accused of rape; Others face DWI, burglary charges

ALBION – A Holley man was arraigned on rape charges on Monday, while two face charges of burglary and another man was arraigned for felony driving while intoxicated.

Anthony Rowe, 20, of Public Square in Holley allegedly had sexual contact with a 14-year-old victim on July 14. He has been charged with second-degree rape, third-degree sexual abuse, and endangering the welfare of a child.

Rowe, who has no prior criminal history, pleaded not guilty. He posted $10,000 bail in a lower court, and Judge James Punch kept bail at that amount. The judge also issued an order of protection for the victim of the alleged crime.

Two people were arraigned on burglary charges.

Matthew Ritzel, 26, of Hamlin allegedly broke into a house on Kendall Road in Murray and took items from the dwelling on June 3.

He has been charged with second-degree burglary and petty larceny. Ritzel has no prior criminal history. Judge Punch kept bail at $2,500.

Francisco Guerrero, 37, of Brockport allegedly broke into a home on Hurd Road on July 1 in Murray and took items.

He was arraigned on second-degree burglary and petty larceny. He has posted $40,000 bail set in a lower court. Judge Punch kept bail at that level.

A man accused of his fifth alcohol-related offense had his bail increased from $10,000 to $50,000.

Bradley Dunaway was arraigned on felony driving while intoxicated, aggravated unlicensed operation of a motor vehicle and reckless endangerment.

ALBION – Two people were sentenced to state prison today for drug crimes, and another woman, accused of $28,000 in fraudulent credit card purchases, had her sentencing adjourned a week while the court considers a restitution plan.

Javonie McKinney, 41, of Holley was given two years in state prison, plus two years of post-release supervision.

McKinney on June 1 pleaded guilty to criminal possession of a controlled substance in the fifth degree. He faced a maximum of 2 ½ years in state prison.

McKinney apologized to his family and the community during sentencing today. His attorney Thomas Keane asked for leniency, saying McKinney was only involved in one drug sale and wasn’t a major drug dealer.

“He has seen the error of his ways and wants to start a new life,” Keane told Judge James Punch during sentencing.

The judge noted McKinney was a second felony offender “with a serious and substantial criminal history,” and the latest charge against McKinney involved selling cocaine.

McKinney also is required to pay $100 in restitution to the Orleans County Major Felony Crime Task Force, a $325 court surcharge and a $50 DNA fee.

A Lockport woman was sentenced to a year in state prison, plus a year of post-release supervision. Katrina Drake, 24, pleaded guilty on June 1 to criminal possession of a controlled substance in the fifth degree.

She admitted she had hydrocodone and sold it from a parking lot across from the Save-A-Lot in Albion in November.

Drake’s attorney Dominic Saraceno asked that Drake not be sentenced to state prison. Punch said she has been on probation before without success.

A woman from South Carolina had her sentencing adjourned for a week. Carly S. Wells, 25, will spend the next week in the county jail without bail.

She pleaded guilty to fourth-degree grand larceny on June 1. She allegedly racked up $28,000 in fraudulent purchases and/or cash withdrawals on someone else’s credit card.

On June 1 she agreed to pay $2,500 in upfront restitution. She is contesting the figure of $28,000.

As part of a plea deal on June 1, 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.

ALBION – An Albion woman pleaded guilty to three crimes today in Orleans County Court and will face state prison when she is sentenced on Oct. 19.

Elsie Biaselli, 71, of East State Street admitted to violating probation, and two counts 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 violated her probation by not disclosing she was a convicted felon on an application for a pistol permit.

She told Judge James Punch today she “had problems remembering” that she was a convicted felon when she filled out the pistol permit application in February.

But Punch didn’t believe her and said she could instead go to trial and face up to 7 years in state prison.

“If you’re going to play games with me I’m not going to do it,” Punch told her in court. “Let’s get off the baloney here.”

Biaselli responded, “I lied,” in reference to the pistol permit application.

“You did with the intent to defraud the government?” Punch pressed.

“Yes,” she answered.

Biaselli also admitted to filing a false instrument by making a false statement on a welfare application, claiming a grandchild was a dependent who doesn’t live with her.

Biaselli told the judge she thought her granddaughter, who was living out of state, would move in with her. But Punch said the application asked if there were dependents living with her at the time of the application.

“So you lied?” Punch asked her.

“I guess so,” responded Biaselli.

“So you could defraud the government?” he asked.

“Yes.”

“You did it so you could cheat them and get more money in your pocket?” the judge asked. “Is that right, ma’am?”

“Yes,” Biaselli said.

The admission to felonies represents a “significant violation of probation,” Punch said.

Because Biaselli is a second felony offender, the judge said he can not sentence her to probation or county jail. She will be sentenced to state prison on Oct. 19 with 2 to 4 years the maximum.