county court

Medina man could face 5 years in prison for Albion burglary

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

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.

3 plead guilty to drug crimes and could get state prison

By Tom Rivers, Editor Posted 15 September 2015 at 12:00 am

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.

Several are sentenced to state prison for crimes in Orleans

By Tom Rivers, Editor Posted 15 September 2015 at 12:00 am

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.”

4 arraigned in County Court

By Tom Rivers, Editor Posted 25 August 2015 at 12:00 am

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.

2 are sentenced to state prison for drug crimes

By Tom Rivers, Editor Posted 24 August 2015 at 12:00 am

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 woman, 71, pleads guilty to felonies and will face prison sentence

By Tom Rivers, Editor Posted 24 August 2015 at 12:00 am

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.

Gaines man pleads guilty to selling meth

By Tom Rivers, Editor Posted 18 August 2015 at 12:00 am

ALBION – A Gaines resident who was arrested last month on multiple drug charges pleaded guilty in Orleans County Court and could face up to 2 ½ years in state prison.

Shane M. Maynard, 37, said in court that a confidential informant purchased methamphetamine from his residence at 12801 Ridge Rd., Apt. B. He had the meth with the intent to sell it, Maynard told Judge James Punch.

Maynard was arraigned on July 27 on 3 counts of criminal sale of a controlled substance in the fifth degree, and 3 counts of criminal possession of a controlled substance in the fifth degree. He has been in the county jail on $100,000 bail.

He pleaded guilty on Monday to a reduced charge of criminal possession of a controlled substance in the fifth degree. District Attorney Joe Cardone said Maynard is a first-time felony offender.

Maynard’s attorney Conrad Cropsey said his client wanted to plead guilty and not prolong the case in court.

Maynard will be sentenced on Oct. 19.


In other cases in court:

Cardone said he will not offer a plea deal for reduced charges to Henry Marling, 27, of Holley Road in Albion.

Marling was released from state prison in November after serving a sentence for third-degree burglary. He allegedly broke into Empire Trading on Bank Street on April 17 and stole items and damaged property.

Marling was arraigned in June 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.

Marling’s highest charge in the latest alleged crime includes third-degree burglary. He was released from prison after serving a sentence for that charge.

Judge Punch said he wouldn’t accept a plea deal anyway.

“If you have a record like that there’s not going to be a plea offer,” the judge told Marling who is in the county jail on $200,000 bail.

Michael A. Stewart, 38, was assessed a level 2 sex offender by Judge Punch. Stewart has been serving a seven-year prison sentence for first-degree sexual abuse.

Stewart’s attorney Nathan Pace asked Judge Punch to consider the level one classification for Stewart, which would be the lowest risk level.

However, the judge said Stewart’s victims were both less than 10 years old. Stewart also has a prior criminal history of nonsexual crimes, the judge said.

Stewart is currently an inmate at the Mohawk Correctional Facility and could be released on Sept. 26.

An Albion man had his sentencing adjourned for two months while he recovers from injuries. Judge Punch wants to give more time for James Herring III to recover and have more cognitive abilities so he can function on probation.

Herring, 24, of East State Street is accused of selling cocaine on May 22, 2013. He faces up to 2 ½ years in state prison. He has pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

His sentencing has been rescheduled for Oct. 19.

Judge sets bail at $750K for Rochester man with extensive criminal history

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

ALBION – An Orleans County judge set bail at $750,000 today for a Rochester man arrested last week on drug charges.

Charles A. Verstreate, 46, of 44 Lennox St. 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.

Verstreate was arraigned last week in Murray Town Court by Town Justice Gary Passarell, who committed Verstreate to the Orleans County Jail without bail due to his extensive criminal history.

Orleans County Court Judge James Punch cited that lengthy criminal history today in setting bail at $750,000.

3 sentenced to state prison for drug crimes in Orleans County

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

ALBION – Three people were sentenced to state prison in Orleans County Court today for drug crimes, with another woman getting four months of weekends in jail for her third driving while intoxicated conviction.

Keith Toney, 36, of Rochester received the longest sentence of four years in prison.
Toney and a Rochester woman Lakusha McMorris, 35, both were arrested on Jan. 27 following a six-month investigation into the sale and distribution of crack cocaine from the City of Rochester to Medina.

McMorris was sentenced to two years in state prison today.

Toney admitted in a previous court he arranged the transactions by phone and McMorris said she was the delivery person on three occasions. Toney was charged in January with nine counts of criminal sale of controlled substance in the third degree.

Toney pleaded guilty to third-degree attempted criminal sale of a controlled substance. He pleaded guilty specifically to arranging for a cocaine sale at the Wal-Mart parking lot in Brockport on Aug. 27, 2014.

Toney made the drug deal with an informant from Orleans County, which is why the case has been handled in Orleans County. Brockport is located in neighboring Monroe County.

Toney’s attorney Nathan Pace asked the judge for leniency, saying Toney has had no criminal offenses the past 18 years after he endured “a horrible childhood.”

Judge James Punch said Toney has a “serious criminal history.” The judge gave Toney four years in state prison, one year less than the maximum as part of a plea deal.

McMorris pleaded guilty to attempted criminal sale of a controlled substance in the third degree. Her attorney Larry Koss asked for a split sentence, with no state prison.

“You seem to have profited from the sale of these drugs for quite some time,” Punch told her at sentencing.

McMorris, a first time felony offender, has twice been on probation.


In another case, Leeanne Krull, 45, of Albion was sentenced to two years in state prison. She pleaded guilty on May 18 to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 2 ½ years in state prison.

Krull admitted in court on May 18 to having hydrocodone in Medina. She told Judge Punch she sold it one time on April 22.

The judge gave her two years in state prison, just under the maximum.


In another case, a Niagara County woman was sentenced to weekends in jail for four months despite a request from her attorney for no jail time.

Julie R. Wisniewski, 38, of Lewiston has three DWI convictions. She was stopped on Point Breeze Road in Carlton on April 12, 2014 and registered a .21 Blood Alcohol Content. She took her case to trial and was convicted by jury of DWI (felony due to previous conviction) and aggravated driving while intoxicated.

Punch said some jail time was needed for Wisniewski. However, he didn’t want her to lose her job or custody of her son.

“I don’t want you to do this again,” the judge told her. “You could easily kill someone.”

Wisniewski will also be on probation for five years, have her license revoked for a year, pay a $500 surcharge and will be required to install an interlock ignition device that measures her BAC before she drives.

Former Albion man faces child rape charges

By Tom Rivers, Editor Posted 3 August 2015 at 12:00 am

ALBION – A former Albion resident was arraigned in Orleans County Court this afternoon on multiple rape charges.

Charles Ledger, 27, was living at Lydun Drive Extension in Albion when he allegedly committed the crimes between August 2011 and March 2015, the District Attorney’s Office reported. Ledger was most recently working and living in Nebraska and has been extradited to Orleans County.

He has been charged with one count of course of sexual conduct against a child in the first degree, two counts of criminal sexual act in the second degree, and 14 counts of rape in the third degree.

He pleaded not guilty in court today, and Judge James Punch set bail at $25,000.


In other cases in County Court:

Kaylee M. Loiacono, 27, of Brockport was arraigned on drug charges following her arrest last week. She has been charged with three counts of criminal sale of a controlled substance in the 3rd degree and two counts of criminal possession of a controlled substance in the 3rd degree, which are both Class B felonies.

She was arraigned with counsel today and bail was set at $5,000. She pleaded not guilty to the charges.

The judge set bail for an Albion man at $100,000. Brandon A. Honore, 30, of East Park Street was 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) as a result of an Orleans County sealed indictment.

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

Honore has two prior felonies and has already been to state prison. His attorney, Kevin McKain, requested a lower bail, saying Honore was working two full-time jobs and went six years without any crimes.

Judge Punch said Honore may be considered a persistent felon with his past criminal history. The $100,000 bail is consistent with the bail Punch has set for other defendants with similar charges, the judge said.

19th person arrested in drug bust

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

ALBION – Kaylee M. Loiacono, 27, of Brockport was arrested on drug charges on Tuesday, bringing the number of people arrested in a recent drug bust to 19.

Loiacono, of 87 Willow Brook Apartments, was arraigned in Orleans County Court this afternoon. Judge James Punch set bail at $5,000.

She was charged with three counts of Criminal Sale of a Controlled Substance in the 3rd degree and two counts of Criminal Possession of a Controlled Substance in the 3rd degree, which are both Class B felonies.

The Orleans County Major Felony Crime Task Force worked with law enforcement agencies in four counties in a 7-month investigation into the sale and distribution of heroin, crack cocaine, methamphetamine, prescription pills and marijuana in Orleans County.

The Task Force announced 17 arrests on Friday, with another person being arraigned on Monday.

Drug bust grows to 18 people after Medina man arrested

By Tom Rivers, Editor Posted 28 July 2015 at 12:00 am

ALBION – A Medina man faces drug charges, and brings the total number of people arrested in a big drug bust to 18.

The Orleans County Major Felony Crime Task Force, working with law enforcement agencies in four counties, on Friday announced 17 people had been arrested following a 7-month investigation into the sale and distribution of heroin, crack cocaine, methamphetamine, prescription pills and marijuana in Orleans County. (Click here to see that initial report.)

The Task Force said on Friday more arrests were pending.

Henry Lattimer, 34, of West Center Street in Medina has been arrested since the drug bust announcement on Friday by the Task Force. Lattimer is charged with criminal possession and criminal sale of a controlled substance, both in the fifth degree, as well as criminal sale of marijuana in the fourth degree.

He was arraigned in Orleans County Court on Monday afternoon and Judge James Punch set bail at $50,000. (Lattimer will be fully arraigned on Thursday with assigned counsel.)

Some of the other defendants in the drug arrests also were arraigned in court on Monday, including:

Shane M. Maynard, 37, of 12801 Ridge Rd., Apt. B, in the Town of Gaines. He was arraigned on 3 counts of criminal sale of a controlled substance in the fifth degree, and 3 counts of criminal possession of a controlled substance in the fifth degree.

Maynard pleaded not guilty. He is in the county jail on $100,000 bail.

Diane M. Gallagher, 46, East Shelby Rd., Town of Shelby. She has been charged with 3 counts of criminal sale of a controlled substance in the 3rd degree, and 3 counts of criminal possession of a controlled substance in the 3rd degree.

Gallagher pleaded not guilty on Monday during an arraignment. Judge Punch set her bail at $100,000.

Philip A. Riley, 32, of 110 West Bank St., Albion. He 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 the 3rd degree.

He pleaded not guilty. He is in the county jail on $100,000 bail. Riley is currently on state parole.

Jennifer McCarthy-Conklin, 39, of 1 Thomas St., Holley. She 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 the 3rd degree.

McCarthy-Conklin pleaded not guilty. She has posted $5,000 bail.

Bennie Coger, 63, of 525 West Ave,. Apt. 7, Medina. He 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 3rd degree.

Coger is in the county jail on $100,000 bail. He is also currently on state parole.

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.