county court

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.

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.

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 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.

2 decline plea offers and will go to trial

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

Brockport man charged with felony sex crimes; Medina woman accused of drug charges

ALBION – Two people facing numerous felony charges rejected plea offers this week and will go to trial this summer in Orleans County Court.

A 28-year-old Brockport man faces numerous counts of second-degree rape, second-degree criminal sexual act and other charges. Matthew M. Edwards of West Ridge Road was arraigned in Orleans County Court on Jan. 5.

He is accused of having sex with a 13-year-old girl in the Village of Holley between July 4 and Aug. 30. Edwards also allegedly provided the girl with drugs and alcohol, according to the District Attorney’s Office. He is in Orleans County Jail on $200,000 bail.

Edwards faces 20 counts of second-degree rape, 14 counts of criminal sexual act in the second degree, five counts of unlawful dealing with a child in the first degree and one count of endangering the welfare of a child.

He will go to trial on Aug. 26.


In another case, a Medina woman will go to trial beginning on July 15.

Erika H. Poole, 34, of Church Street faces three counts of criminal possession of a controlled substance in the third degree and one count of criminal possession of marijuana in the second degree.

Poole was arrested in February 2014 for three of the drug charges. Her husband, Brenton Poole, also was arrested on Feb. 12, 2014. He was sentenced to five years in state prison last June for attempted criminal possession of a controlled substance in the third degree.

Mrs. Poole was arrested again on July 18 for allegedly possessing cocaine.

3 arraigned for felony crimes in county court

By Tom Rivers, Editor Posted 19 May 2015 at 12:00 am

ALBION – Three people were arraigned in Orleans County Court on Monday for crimes that included driving while intoxicated, drug sales and offering a false instrument.

An Albion woman, 71, was charged with filing a false instrument after allegedly putting false information on her pistol permit application.

Elsie Biaselli of East State Street was remanded to county jail on $5,000 bail. She is currently on probation and has pending welfare fraud charges, District Attorney Joe Cardone said.

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 could face up to four years in prison for offering a false instrument.


A Hamlin man was arraigned on four counts of criminal sale of a controlled substance in the third degree.

Joel E. Johnson, 31, of Fox Hollow Street was arrested in March following a three-month investigation into the sale and distribution of cocaine in Orleans County and the Town of Hamlin, the Orleans County Major Felony Task Force reported on March 6.

Law enforcement agencies executed a search warrant at Johnson’s residence and seized over 20 grams of cocaine, a quantity of prescription hydrocodone pills, over $1,100 in cash, and scales, packaging and other drug paraphernalia. He is in jail on $5,000 bail.


Jeremy Smith, 30, of Lydun Drive in Albion was arraigned for DWI and aggravated unlicensed operation of a motor vehicle.

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

Smith has posted $5,000 bail.

Rochester man facing DWI charges allegedly stole ID from homeless man

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

ALBION – A Rochester man who was charged with driving while intoxicated in October in Murray allegedly stole the ID from a man in a homeless shelter in Rochester.

Jeffrey Houghtaling, 49, was arraigned in Orleans County Court on numerous charges today. In addition to DWI, he was arraigned for driving with Blood Alcohol Content above 0.8 percent, aggravated unlicensed operation of a motor vehicle in the first degree, forgery in the second degree, offering a false instrument in the first degree and criminal impersonation in the second degree.

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, District Attorney Joe Cardone told Judge James Punch in court today during Houghtaling’s arraignment.

Houghtaling has at least four prior felony DWIs, two prior misdemeanor DWIs, and possibly other charges, Cardone said.

Houghtaling was arrested in Murray on Oct. 25 when he was driving with another person’s ID.

Houghtaling currently is in the county jail. Judge Punch set bail at $100,000. The judge noted Houghtaling has four prior instances of failing to appear for court dates.

“That’s quite a series of problems,” Punch said after reviewing Houghtaling’s criminal history.

2 plead guilty to drug crimes in Orleans County

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

ALBION – Two Albion residents pleaded guilty to drug crimes today in Orleans County Court and could be sentenced to state prison.

Leeanne Krull, 45, of 35 N. Main St. admitted in court today to having hydrocodone in Medina. She told Judge James Punch she sold it one time on April 22.

She 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 on July 27. She is currently in the county jail on $5,000 bail.

John B. Lang, Jr., 56, of 175 North Main St., Apt. 16, also pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Lang admitted he had hydrocodone on Sept. 9 and made one sale. He has no prior felonies and faces a maximum of 2 ½ years in state prison when he is sentenced on July 27.

Lang has been in the county jail on $75,000 bail. Judge Punch agreed to reduce the bail today to $25,000.

Holley man admits to burglary and could get state prison

By Tom Rivers, Editor Posted 11 May 2015 at 12:00 am

ALBION – A Holley man admitted in court today that he broke into a Holley residence on Nov. 12, 2014, and stole items with the intention of selling them to a pawn store so he could buy heroin.

Christopher D. Helsdon, 25, pleaded guilty to third degree burglary, a charge that could carry a maximum 2 1/3 to 7 years in state prison.

Helsdon said he was on heroin when he entered an unlocked Holley house in November. Although under the influence of the drug, Helsdon said he was aware of what he was doing.

“My intent was to get something to take to buy my heroin,” Helsdon said in court today.

Helsdon will be sentenced on July 20. He is in Orleans County Jail on $30,000 bail.


In other cases in County Court today:

A Rochester woman, Lakusha McMorris, 35, admitted her involvement into the sale and distribution of crack cocaine from the City of Rochester to Medina.

McMorris was arrested on Jan. 27. She admitted in court on May 4 that she delivered drugs on three occasions for Keith Toney, who arranged the deals by phone from Rochester.

Toney last week 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, 36, of Rochester faces up to 5 years in state prison as a second felony offender.

He made the deal with an informant from Orleans County, which is why the case is being handled in Orleans County. Brockport is located in neighboring Monroe County.

However, there were questions about jurisdiction for McMorris because she didn’t initiate the sales with the Brockport delivery.

After reviewing case law, Orleans County Court Judge James Punch said McMorris can be tried in Orleans County, where the informant originated from.

McMorris pleaded guilty to attempted criminal sale of a controlled substance in the third degree. She will be sentenced on Aug. 17.

Mark Gregori, formerly of Elba but now of Orleans County, was sentenced to a year in state prison for violating probation.

Gregori, 52, admitted he has struggled to overcome drinking and drug problems. He asked that he be sentenced to a halfway house.

“He has a demon he cannot overcome by himself,” his attorney Matt Becker told Judge Punch.

Punch said Gregori has been on probation three times without success.

A Lockport woman also pleaded guilty to drug charges today. Katrina Drake has been accepted into the Drug Court program. If she completes the program, the felony charges of fifth-degree criminal possession of a controlled substance will be dismissed and she will instead face a misdemeanor charge of criminal possession of controlled substance in the seventh degree.

Drake, 24, was arrested in December after selling and distributing prescription narcotics in Albion. She admitted in court today she was selling hydrocodone pills.

If Drake is unsuccessful in Drug Court, she could be sentenced to up to 2 ½ years in state prison.

Several plead guilty to crimes in Orleans County

By Tom Rivers, Editor Posted 5 May 2015 at 12:00 am

ALBION – Several people pleaded guilty in Orleans County Court on Monday, and they could face time in jail or prison.

Amanda L. Major, 24, of Medina admitted 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.

As part of a plea deal, Major would avoid state prison and be sentenced to up to a year in county jail. If Judge James Punch decides on state prison for Major, she can reject the plea deal and go to trial.

Major, a first-time offender, will be sentenced on July 13.


In other cases in County Court:

Three people that were arraigned in March on fourth-degree criminal possession of a controlled substance pleaded guilty to reduced charges and will enter Drug Court. If they can pass Drug Court – staying off drugs and not committing additional crimes – their felony charge will be dismissed and they will instead have a misdemeanor drug charge with no jail time.

Nathan L. Parsad, 24, of Williamson, was driving on Jan. 12 on Ridge Road in Gaines when he was in an accident. Parsad and two of his passengers – Caitlin E. Jones, 29, of Canandaigua and Eric L. Shirley, 28, of Canandaigua – all faced drug charges after police found drugs in the vehicle.

The three all told Judge Punch they knew there were drugs in the car and that they intended to use the drugs.

They pleaded guilty to criminal possession of a controlled substance in the fifth and seventh degrees. If they pass Drug Court, the fifth-degree charge will be dismissed.


An Albion teen admitted he entered a house on West Park Street without permission and stole from the owner on Aug. 18.

Corey Baerman, 18, faced a charge of second-degree burglary, which carries a maximum of 15 years in state prison. But in a plea agreement, he pleaded guilty to attempted second-degree burglary which carries a maximum of 1 1/3 to 4 years in state prison if he is granted youthful offender status by Judge Punch.

If Baerman is not given youthful offender status, he would face a maximum of 2 to 7 years in state prison for attempted second-degree burglary. If the judge decides against youthful offender status for Baerman, he can reject the plea and go to trial.

Baerman said the house was unlocked when he went inside.

“Did you go into the house with the intent to steal something?” Punch asked Baerman.

“Yes, sir,” he answered.

Baerman will be sentenced on July 13.


A Holley woman 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.

Dana Hubler will be sentenced on June 1 and could face up to 4 years in state prison.

Rochester man could get 5 years for selling cocaine

By Tom Rivers, Editor Posted 4 May 2015 at 12:00 am

ALBION – A Rochester man could face up to 5 years in state prison after he admitted in Orleans County Court today that he sold cocaine.

Keith Toney, 36, of Rochester faces up to 5 years in state prison as a second felony offender.

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.

Toney admitted in court today 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 today 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.

He made the deal with an informant from Orleans County, which is why the case is being handled in Orleans County Court. Brockport is located in neighboring Monroe County.

Judge James Punch wanted another week to study the case law regarding whether McMorris’s crime should be handled in Orleans County. She said she didn’t make the phone calls or have contact in Orleans County with the drug buyers. She said she was delivering the drug for Toney.

District Attorney Joe Cardone said case law supports McMorris being tried in Orleans County as an accomplice to the sales arranged by Toney.

“We’ll check the jurisdictional aspect,” Punch said. “It’s an unusual case.”

McMorris, a first time felony offender, is due back in court on May 11.

Toney will be sentenced on Aug. 17.

Man who stole and forged checks gets state prison

By Tom Rivers, Editor Posted 4 May 2015 at 12:00 am

ALBION – A Lockport man who pleaded guilty to grand larceny in December was sentenced today in Orleans County Court to 2 to 4 years in state prison.

Richard Wheeler, 45, admitted in a previous court appearance that he took checks from a local farmer, forged signatures and cashed them. As part of a plea deal, he was ordered to pay $4,971 in restitution. Wheeler worked for the victim in the crime, according to the District Attorney’s Office.

Wheeler has a prior driving while intoxicated conviction, making him a second felony offender. That required Judge James Punch to sentence Wheeler to at least half of the maximum sentence, the judge said.

4 plead guilty to crimes and could get state prison/county jail

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

ALBION – Four people pleaded guilty to crimes in Orleans County and could face time in state prison or county jail when they are sentenced.

A Medina resident could spend up to five years in state prison for selling cocaine in Medina. Andre D. Shine, 31, of Starr Street, admitted in court on Monday that he sold cocaine on Jan. 25.

He pleaded guilty to attempted criminal possession of a controlled substance in the third degree. As a second felony offender, the charge would normally carry an 8-year maximum in state prison. As part of a plea deal, Shine would face no more than 5 years. If Judge James Punch says Shine should get more than 5 years in prison, Shine can reject the plea offer and go to trial.

Shine has been in jail on $150,000 bail since January. His attorney, Nathan Pace, asked that bail be lowered to $25,000. Punch reduced it instead to $75,000.

Shine will be sentenced on July 6.


In other cases:

Curtis Stipp, 23, of Countyline Road in Middleport pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 1 to 2 ½ years in state prison.

Stipp admitted he had “100-some” pills of oxycodone and intended to sell it on Nov. 22, 2013. He will be sentenced on July 20.


A resident of Miami, Florida, pleaded guilty to violating his probation and was sentenced to a year in the county jail.

Felix Darias, 52, admitted he went to another location without telling the Probation Department, which constitutes a substantial violation of probation.

In February 2012, he was arrested for allegedly possessing fraudulent credit cards and attempting to use them to purchase merchandise at the Wal-Mart in Albion.

Darias could have faced 2 1/3 to 7 years in state prison without the plea deal. Judge Punch gave Darias a year in the county jail, with the sentence to take effect immediately.


Lazaro Botello, 24, of Center Road in Kendall pleaded guilty to operating a vehicle under the influence of alcohol on Nov. 26 in Orleans County, when he had a Blood Alcohol Content of 0.21 percent, more than twice the legal limit.

Botello has a prior conviction of driving under the influence of alcohol in June 2012 in the Town of Sweden.

He could face a maximum of 1 1/3 to 4 years in state prison. But as a part of a plea deal, he will face no more than a year in the county jail, plus five years on Probation.

He will be sentenced on July 6.