county court

Ridgeway man who evaded police arraigned on numerous charges, including rape, strangulation

By Tom Rivers, Editor Posted 22 May 2017 at 4:54 pm

Gerardo Quiros being held without bail after arraignment

RIDGEWAY – A Ridgeway man was called “extremely violent” by a judge today during arraignment in Orleans County Court.

Gerardo Quiros

Gerardo Quiros, 30, of Ridge Road faces a 36-count indictment after he allegedly held a woman against her will in his home from March 15 to April 29.

He faces seven counts of first-degree rape, 23 counts of first-degree criminal sexual act, third and fifth degree criminal possession of a controlled substance, endangering the welfare of a child, unlawful dealing with a child and unlawful possession of marijuana.

Quiros entered a not guilty plea during the arraignment.

He is being held in the county jail without bail.

“The allegations are of such extreme volatility that I am concerned,” Judge James Punch said during the arraignment.

Quiros was subject of a manhunt after a report on April 29 that he attacked a woman in his house. Quiros fled before police arrived, leading to a massive police search of the area and a stay-in-place order for nearby residents. The search was called off after several hours when police determined Quiros was no longer in the area. He was arrested two days later in Lockport.

Quiros is accused of repeatedly raping and sodomizing the victim, and having drugs with a child present in the house.

Quiros has been free after posting a $200,000 bond. But Judge Punch said this afternoon he would hold Quiros in jail without bail.

District Attorney Joe Cardone said he believes Quiros has hidden weapons that weren’t found after a search warrant was issued for his house.

Punch issued an order of protection for the victim and told Quiros to have his weapons turned into police.

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Former security employee at Holley school pleads guilty to rape

By Tom Rivers, Editor Posted 22 May 2017 at 4:27 pm

Adam Mesiti, retired Brockport police sergeant, admits to having sex with girl, 16

HOLLEY – A former security guard at Holley Central School admitted in court today he had sex with a 16-year-old girl on Oct. 22, 2014.

Adam Mesiti

Adam C. Mesiti, 46, of Brockport pleaded guilty to third-degree rape today. As part of a plea deal, he will face no more than six months in the county jail, plus 10 years of probation when he is sentenced on Aug. 21 at 2 p.m. He also will likely have to register as a sex offender.

Mesiti was arrested in early March, 60 counts of sex crimes – 10 counts of third degree rape, 20 counts of third degree criminal sexual act and 30 counts of sex misconduct.

Mesiti was employed by C.O.P. Security, a private firm contracted to provide security services at the Holley School District in 2014 when the alleged incidents took place.

The Holley School District and C.O.P. Security fully cooperated with the Orleans County Sheriff’s Office during this month-long investigation, Undersheriff Chris Bourke said when Mesiti’s arrest was announced on March 4.

Mesiti appeared in court this afternoon with his wife and two sons.

As part of the plea, Judge James Punch asked Mesiti if he had sexual intercourse on Oct. 22, 2014 with the 16-year-old victim. Mesiti said he did.

He remains free on $1,000 bail. The judge issued an order of protection, with no communication allowed from Mesiti to the victim.

Mesiti’s attorney Christian Kennedy asked the judge to stop many of the unfounded allegations in the community against Mesiti. Punch said he wasn’t going to put a “gag order” on the case.

Mesiti, owner of Five Sons Winery/RG Brewery, stopped working out of the Holley school district following the 2014 school year.

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2 Orleans deputies arraigned on fraud for fake time sheets for security work

By Tom Rivers, Editor Posted 17 May 2017 at 1:35 pm

ALBION – Two long-time Orleans County deputies were arraigned in Orleans County Court this morning on charges of first-degree grand larceny and first-degree falsifying business records.

Covis

Sgt. Dean Covis and Deputy Thomas Marano both entered not guilty pleas. They are accused of submitting false time sheets and collecting about $18,000 they weren’t entitled to for part-time security work for Brookfield Renewable Energy Partners, which runs power plants in Orleans County at the Waterport Dam and in Medina.

Marano

The deputies were allegedly collecting their $20 an hour pay for the security work while they were also on the clock for the Orleans County Sheriff’s Office from November 2013 to January 2015. Covis received about $14,000 and Marano about $4,000 for the security work while they were also working shifts for the Sheriff’s Office, according to The Daily News in Batavia.

The State Police handled the investigation and made the arrests on Monday, The Daily News reported.

Both have been suspended, Sheriff Randy Bower said.

“It is with great disappointment that I announce the arrest of two members of the Orleans County Sheriff’s Office,” Bower said in a statement. “The arrest of Thomas Marano and Dean Covis, both Deputy Sheriffs, stemmed from a lengthy investigation into alleged conduct by the above named deputies during 2013 and 2014. The New York State Police conducted the investigation along with a Special Prosecutor assigned to the case.”

Bower said the Sheriff’s Office is conducting its own internal investigation in the matter.

Sara Sheldon of Niagara County is serving as judge in the case with Lawrence Friedman, the Genesee County district attorney, serving as prosecutor.

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2 given multiple years in state prison

By Tom Rivers, Editor Posted 15 May 2017 at 4:24 pm

ALBION – Two people were sentenced to multiple years in state prison today for crimes in Orleans County.

Trevis Baker

A Rochester man received the longest sentence, 6 years, for selling crack and heroin.

Trevis D. Baker, 38, of Chili Avenue pleaded guilty to attempted third-degree criminal sale of a controlled substance. He faced a maximum of six years in prison as part of a plea deal, and County Court Judge James Punch gave him the maximum today.

“You are clearly profiting from the heroin epidemic,” Punch told Baker this afternoon. “You are a drug dealer and I feel it’s my responsibility to keep you off the streets for as long as I can.”

Baker allegedly sold heroin and cocaine to an informant from Orleans County between March 15 to March 24. He was arrested March 30 after an investigation into heroin, crack cocaine and cocaine sales in Orleans County.

The Orleans County Major Felony Crime Task Force, along with Rochester and Albion police, raided Baker’s house and seized more than three ounces of cocaine, more than an ounce of crack, five bundles of heroin, a loaded pistol, more than $8,000 cash and drug paraphernalia.

Michael Thompson

In the other sentencing today, a Medina man was given four years in state prison for second-degree assault.

Michael Thompson, 49, was out of jail and awaiting sentencing for a drug crime when he was arrested on Sept. 7 after allegedly getting in an altercation with another person and stabbing that person, causing non-life-threatening injuries.

(He has since been sentenced to two years in state prison for the drug charge – criminal possession of a controlled substance.)

Thompson was scheduled to go to trial for the assault charge. If found guilty he could have faced up to seven years in state prison. Thompson agreed to a plea deal before the trial, with the maximum set at four years.

Judge Punch gave Thompson the maximum as part of the plea agreement.

“I’m sorry to the court for what happened,” Thompson said. “I’m not a violent person.”

Punch said Thompson has a long criminal history, and the latest incident was a violent crime.

Both Thompson and Baker also need to pay $325 court surcharges and $50 DNA fees.

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Cardone won’t seek county judge position

By Tom Rivers, Editor Posted 12 May 2017 at 9:09 pm

Joe Cardone

ALBION — Joe Cardone, the Orleans County district attorney, said he is happy in his job and won’t be seeking the impending vacancy for county court judge.

James Punch announced he is retiring on July 29 after nearly 27 years in judge for Criminal Court, Family Court, Surrogate Court, and some State Supreme Court cases.

Punch, before he was judge, served as district attorney for five years.

Cardone praised Punch for his service to the community. Cardone, however, won’t be following Punch’s trajectory, going from DA to county judge.

“I love my job and the people I work with,” Cardone said today.

Cardone has been district attorney for about 25 years. The DA was re-elected in November to another four-year term. He didn’t face any opposition.

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Union for corrections officers says contraband, drugs becoming bigger issue at Orleans prison

Staff Reports Posted 12 May 2017 at 5:36 pm

ALBION – Correction officers were injured in three separate incidents at Orleans Correctional Facility in Albion, the NYS Correctional Officers & Police Benevolent Association said in a news release today.

The union worries that more illegal drugs are making their way inside the prison.

“In the past three months alone at Orleans, we have had 106 inmates fail urine tests because of illegal substances,” said Joe Miano, Western Region Vice President for NYSCOPBA. “Obviously, DOCCS Administration must do more to stop the influx of contraband inside the walls or these type of incidents will continue to occur.”

The first incident occurred on April 28 at approximately 10:15 p.m. at the Orleans Correctional Facility. An officer conducting his count for the evening found an inmate unresponsive in his cell. Officers entered the inmate’s cell and it appeared he was on some type of illegal substance, the union said.

The officers got the inmate to his feet and were escorting him to medical to get checked out when an officer observed the inmate reach into his pocket and place a balloon like material into his mouth.

The officers began to struggle with the inmate as they attempted to get him to spit out the substance. The inmate was taken to the ground. On the ground, the inmate bit an officer’s left hand. A second officer injured his thumb in the struggle, NYSCOPBA said.

The inmate was placed in restraints and frisked. He was found with three additional cellophane bags on him that officers believe contained synthetic marijuana.

The officer who was bitten was treated at Medina Memorial Hospital. He was treated, released and returned to duty.

The inmate, whose name is not being released, is 24 years old and is serving a four-year sentence after being convicted of Assault 1st in Bronx County in 2016.

In another incident at Orleans, on May 7 at approximately 4:40 p.m., an officer heard yelling near one of the cubes in the dorm at Orleans. He observed an inmate running to the back of the dorm and fall to the floor.

The officer responded and found the inmate unresponsive. He called for medical immediately. Still with the inmate, the officer observed him begin to yell and violently thrash his body. The inmate attempted to get off the floor several times. As the officer attempted to help the inmate, he was violently kicked directly in his face, the union said.

Medical personnel arrived on the scene and the inmate became calm and was placed in restraints. The injured officer was taken to Millard Fillmore Suburban Hospital for treatment of a lacerated lip and bruising on his face. He was treated and released.

The inmate, 22, who was believed to be on synthetic marijuana at the time of the incident, is serving a five-year sentence for Attempted Criminal Possession of a Controlled Substance, Assault 2nd and Attempted Criminal Possession of a Weapon 2nd after being convicted in 2014 in Niagara County.

The third incident occurred on May 8 at approximately 8:15 a.m. Acting on a tip, an officer was going to search the living quarters of Inmate Anwar Cohen for illegal drugs. The officer entered the dorm and located Cohen on the phone. He was ordered to the wall to be frisked, NYSCOPBA said.
The officer located four baggies that contained synthetic marijuana and Percocet pills in his pocket. The inmate was placed in restraints and additional officers responded to the scene. As Cohen was going to be removed from the dorm, he kicked backwards and hit an officer in the shin. Three officers attempted to get the inmate under control but he struggled with them. During the struggle the officers and Cohen fell to the ground where he then became compliant.

Cohen, 38, was removed from the dorm and faces disciplinary charges. He is serving a 10-year sentence for Burglary 1st and Robbery 1st after being convicted in Suffolk County in 2011.

“Contraband continues to be a serious problem at all state prisons,” stated Miano, Western Region VP for NYSCOPBA. “Since 2010, we have almost doubled the amount of contraband seized in our facilities.”

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Medina woman found guilty at trial for drug crimes, unlawful possession of weapon

Staff Reports Posted 12 May 2017 at 5:18 pm

Erika Poole

ALBION – A Medina woman was found guilty during a trial that concluded today. Erika Poole, 37, was charged last July for criminal sale and possession of a controlled substance.

Jurors found her guilty of selling and possessing cocaine. During a search of her residence on Salt Works Road, police also found a shotgun.

Poole, who had a prior felony, wasn’t allowed to have a weapon, District Attorney Joe Cardone said this afternoon.

Poole was found guilty of three counts of criminal possession of a controlled substance in the third degree (for having cocaine with the intent to sell) and criminal possession of a controlled substance in the fifth degree (for having more than 500 milligrams of cocaine). She also was found guilty of unlawful possession of a weapon.

She will be sentenced in July and could face several years in prison.

The Poole trial may have been the final criminal trial for Judge James Punch, who is retiring July 29.

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Judge sets bail at $300K for Rochester man facing drug charges in Orleans County

By Tom Rivers, Editor Posted 11 May 2017 at 10:08 am

ALBION – A Rochester man was arraigned in Orleans County Court on Monday for 13 counts of drug charges, including six counts each of third-degree criminal sale and criminal possession of a controlled substance.

Victor T. Simmons, 46, of 1399 North St. also was arraigned for one count of fifth-degree criminal possession of a controlled substance.

Orleans County Court Judge James Punch set bail at $300,000 for Simmons. District Attorney Joe Cardone said Simmons has a “37-page criminal history” that includes four felonies in New York State and other out-of-state convictions.

Punch cited that “remarkable criminal history” as well as numerous failures to appear in court for setting bail at $300,000.

Simmons was arrested in March along with a 17-year-old male from Rochester after an investigation into the sale and distribution of heroin and cocaine from Rochester to the Village of Albion, the Orleans County Major Felony Crime Task Force reported.

The Task Force and the Albion Police Department, with its K9 unit, executed a search warrant on a vehicle and the two occupants on Wednesday. Officers seized a quantity of heroin and crack cocaine that was packaged for sale.

In other cases in County Court:

• Shawna N. Weis, 29, of the Holley Hotel was arraigned for criminal sale and criminal possession of a controlled substance in the third degree.

She allegedly sold both heroin and cocaine at the Holley Hotel, police reported. She was arrested on April 4.

Her attorney, Michael O’Keefe, entered not guilty pleas on her behalf. He said Weis would like to enter a drug treatment program.

Weis has a prior felony and two misdemeanors. Punch set bail at $10,000.

• Cynthia Lopez-Lopez, 39, of Monroe-Orleans Countyline Road was arraigned on one count each of criminal sale and criminal possession of a controlled substance in the fifth degree. Lopez-Lopez allegedly sold suboxone in Albion, police said. She pleaded not guilty.

She has a criminal history in Georgia, Kentucky and Virginia, Cardone said at the arraignment. Punch set bail at $15,000.

• A Murray resident was prepared to plead guilty to attempted assault in the third degree after an alleged domestic violence incident on Jan. 1.

Todd J. Knight II, 25, of Hulberton Road admitted in court to injuring a woman. He caused a concussion, “massive swelling” on the right side of her head, a fractured rib, contusions and other injuries, Cardone said.

The woman has recovered and there is a question whether she sustained a level of “serious physical injuries” to meet the threshold for attempted second degree assault.

The case was adjourned until May 15 to determine the victim’s level of injuries.

If the injuries are severe enough, Knight could face 1 1/3 to 4 years in state prison as part of a plea deal.

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8th Judicial District says interim judges will fill in for short term after Punch retires

By Tom Rivers, Editor Posted 11 May 2017 at 9:07 am

Photos by Tom Rivers: The Orleans County Courthouse is pictured last week. Judge James Punch has worked out of the building the past 32 years, with 27 as county judge and five as district attorney.

ALBION – The impending retirement of James Punch as a judge for several courts in Orleans County will leave a void that may take more than one judge to fill after Punch retires on July 29.

The 8th Judicial District is working on a plan to have coverage in Orleans County for the different courts led by Punch: Criminal Court, Family Court, Surrogate’s Court and State Supreme Court.

Punch is retiring after 27 years on the bench. Before he was elected judge, he was the county’s district attorney for five years.

James Punch

“Judge Punch is a highly respected judge in the 8th Judicial District and he will be missed,” said Andrew B. Isenberg, the district executive for the District based in Buffalo.

The Honorable Paula L. Feroleto, the District Administrative Judge, will have interim judges serving in Orleans County in the four different courts currently led by Punch.

“She is putting together that plan,” Isenberg said. “I can assure you there will not be a drop in judicial coverage.”

Punch is a “multi-hat” judge, serving in several roles or different courts, which isn’t unusual in a small rural county. Isenberg said the county’s next judge will have to serve in multiple roles.

The 8th Judicial District will have a mentor judge to help Punch’s replacement, and an outside judge will likely handle the Supreme Court cases in the short-term while the new judge gains experience, Isenberg said.

Punch is retiring with about three years left on a 10-year term. The remainder of the term will likely be on the ballot in November.

Ed Morgan, the Orleans County Republican Party chairman, said he has contacted the State Board of Elections and an election law attorney to check for the proper procedures to have a candidate on the ballot in November. The Republican Party made its endorsements on April 27 for county level positions in November.

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Judge Punch announces he will retire July 29

By Tom Rivers, Editor Posted 10 May 2017 at 9:45 am

James Punch

ALBION – Orleans County Court Judge James Punch has announced he is retiring on July 29. Punch has served as County Court judge for nearly 27 years.

Prior to being elected judge, Punch served as the county’s district attorney for five years.

Punch issued this statement announcing his retirement:

“In the last 27 years of my 32 years in public office, I have been honored to serve in the County Court, Family Court, Surrogate Court, and Supreme Court of our county.  I also served as Drug Court and Domestic Violence Court Judge.

“I came in as the youngest county level judge in New York State, and I leave as the senior county court judge in Western New York.

“It is with some sadness that I leave, but I look forward to new challenges, as well as spending more time with my wife, Suzanne, and our children and grandchildren. I am also looking forward to exploring new ways in which to contribute to our community.

“I wish to thank my wonderful staff (both current and former), the many attorneys, case workers and law enforcement personnel I have worked with, and the people in this county who put their faith in me to help protect them and our community for these many years.”

Punch is a 1973 Medina graduate. He was inducted into Medina’s Alumni Hall of Fame in November 2014.

After graduating from Medina, Punch earned his bachelor’s degree from the University at Buffalo and then earned a law degree from the University of Dayton School of Law in 1980.

Punch has been active in the community, in addition to serving in a high-profile and demanding position.

He has served as legal advisor to Medina High School’s mock trial team. He also has been active with the Rotary Club, Knights of Columbus, YMCA Board, Boy Scout Executive Committee, and the Holy Trinity Parish.

Punch, during the Hall of Fame induction in November 2014, addressed high school students and encouraged them to always move forward. They shouldn’t sit back and dwell on either success or failure.

“Don’t define yourself as ‘having succeeded’ and decide nothing more needs to be done – ‘I’m perfect,’” Punch told students during the Nov. 7 Hall of Fame celebration. “Equally, don’t define yourself by your failure and decide nothing more can be done – ‘I’m hopeless.’”

Punch said during the Hall of Fame induction he is grateful for a career in Medina and Orleans County. He told the students he hopes many of them will be able to stay in the Medina area and contribute to the community.

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