county court

2 plead guilty and could be sentenced to state prison

By Tom Rivers, Editor Posted 15 December 2014 at 12:00 am

ALBION – Two people pleaded guilty to crimes today and both could be sentenced to state prison by Orleans County Court Judge James Punch.

Richard Wheeler, 45, of Lockport pleaded guilty to grand larceny in the fourth degree. He could be sentenced to 2 to 4 years in state prison on Feb. 23.

He admitted he took checks from a local farmer, forged signatures and cashed them. As part of a plea today, 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 means Judge Punch will have to sentence Wheeler to at least half of the maximum sentence, the judge said.

Punch on Jan. 1 set bail at $200,000 for Wheeler, who remains in the county jail.


In another case, an 18-year-old woman from Albion pleaded guilty to attempted burglary in the second degree, a crime that carries a maximum of 4 years in state prison.

Makaylee Maxwell of East Academy Street could receive a lesser sentence and be given youthful offender status when she is sentenced on Feb. 23. YO status would seal the crime from her record.

She admitted in court today she was part of a burglary in the Village of Albion on Aug. 18. Three others also were allegedly part of the crime. One of the alleged participants broke many antiques at the home on West Park Street.

Maxwell admitted to the judge she entered the house without permission and also took a DVD player and sold it at a pawn shop.

2 appear in county court on felony DWI charges

By Tom Rivers, Editor Posted 9 December 2014 at 12:00 am

ALBION – Two Orleans County residents appeared in county court on Monday for felony driving while intoxicated charges.

Norman Bloom Sr., 48, of 424 East Center St. in Medina appeared in court for DWI and leaving the scene of an accident on Nov. 8. Bloom allegedly left the parking lot at O’Brien’s in Medina and struck a parked car, and then drove away, according to the District Attorney’s Office.

Bloom refused a breath test at the scene. Judge James Punch set bail for Bloom, who is in the county jail, at $35,000.

Joshua J. Fisher, 25, of 4 North St., Albion, was arraigned for DWI. He 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 pleaded not guilty in court on Monday. Bloom declined the public defender and said he would hire his own attorney. He will be fully arraigned in a future court date when he has his attorney.

2 plead guilty to crimes and could be sentenced to state prison

By Tom Rivers, Editor Posted 8 December 2014 at 12:00 am

ALBION – An Albion woman pleaded guilty to attempted arson in the second degree, a charge that carries a possible sentence of 3 ½ to 15 years in state prison.

Crystal McGuire, 22, of West Lee Road admitted in court today she set a fire inside the dryer of a house on Beaver Street on Aug. 16, 2013. She told Orleans County Court Judge James Punch she knew there was at least one person inside when she started the fire.

She was charged with second-degree arson and fourth-degree criminal mischief. She pleaded guilty to a lesser charge today and will avoid a trial.

Her attorney considered a possible defense that she was too intoxicated at the time of the crime, but that wasn’t found to be a sufficient defense.

“Were you so drunk that night that you didn’t know what you were doing?” Punch asked her in court today.

“No,” McGuire responded, saying she was aware of her actions.

She was also examined by a psychiatrist who found she did not have a mental disease or defect.

She will be sentenced on Feb. 15.


In another case in court today, a Holley resident pleaded guilty to second-degree vehicular assault and driving while ability impaired in the fourth degree.

William O. Kuyal, 54, faces a possible punishment of 1 1/3 to 4 years in state prison when he is sentenced on March 2.

He was arrested on June 18 after a car accident on Route 237 and Powerline Road in the town of Clarendon. Kuyal allegedly drove through a stop sign while going westbound on Powerline Road, crossing into Route 237. Kuyal and three other people were injured in the crash.

Kuyal has an extensive criminal record with 25 prior arrests and 13 convictions, according to the District Attorney’s Office.

Teen who allegedly stole guns among several arraigned in county court

By Tom Rivers, Editor Posted 1 December 2014 at 12:00 am

ALBION – An Albion teen who allegedly broke into a village house and stole two guns with ammunition was arraigned in Orleans County Court on Monday.

Allan D. Walls, 16, of 428 East State St. was charged in October in connection to the burglary of the firearms, which were recovered, Albion police reported then.

Walls was arraigned for second-degree burglary, fourth-degree grand larceny, fourth-degree criminal possession of stolen property and fourth-degree criminal mischief.

Walls pleaded not guilty to the charges. He has been free on $5,000 bail. Orleans County Court Judge James Punch said he would keep the bail at $5,000.

Walls allegedly broke into a home on East State Street, gaining entry through a rear window. He allegedly threw a rock to break out the glass. Police say he stole two rifles – an AK-47 and a Ruger 10-22 – with ammunition.

He is to next appear in court on Dec. 15.


In other cases, Judge Punch arraigned the following:

Richard Wheeler, 45, of Lockport for one count of third-degree grand larceny, 16 counts of second-degree forgery and 16 counts of second-degree criminal possession of a forged instrument.

Wheeler allegedly took checks belonging to someone else and gave them to other people for cash. He has a prior criminal record as a persistent felon, District Attorney Joe Cardone said.

Punch set bail at $200,000 for Wheeler, who is in the county jail.

Wheeler pleaded not guilty and will next appear in court on Dec. 15.

Corey Baerman, 18, of South Liberty Street in Albion and Makaylee Maxwell, 18, of East Academy Street were arraigned. They allegedly were part of a burglary in the Village of Albion on Aug. 18. Two others also were allegedly part of the crime, but they haven’t been arrested yet.

Cardone said the four people allegedly broke into a house, stole multiple items and “caused a great deal of damage to the residence.”

Maxwell and Baerman were arraigned on second-degree burglary, petty larceny, fourth-degree criminal mischief and fifth-degree criminal possession of stolen property.

The judge set $2,500 bail for Maxwell, who has no prior criminal history, and $10,000 for Baerman, who Cardone said has a prior larceny charge.

Maxwell and Baerman both pleaded not guilty to the charges. They are to next appear in court on Dec. 15.

Carlton woman sentenced to 3 ½ years in prison

By Tom Rivers, Editor Posted 1 December 2014 at 12:00 am

ALBION – A Carlton woman was sentenced today to 3 ½ years in state prison for a drug crime.

Cheryl A. Poole, 51, of Carlton pleaded guilty to criminal possession of a controlled substance in the fifth degree. She admitted in court on Sept. 22 that she had prescription medication that was a controlled substance. She said she sold it from her home on March 13.

She is a second felony offender with a driving while intoxicated offense in July 2012. Orleans County Court Judge James Punch said Poole has accumulated numerous arrests over 30 years.

Poole and her attorney Larry Koss asked for leniency, saying Poole would benefit from drug and alcohol counseling.

“I am really remorseful about everything that has happened,” Poole told the judge.

As a second felony offender she faced a maximum of 1 ½ to 4 years in state prison. The judge gave her close to the maximum.

“It’s not just drugs and alcohol,” Punch told Poole during sentencing. “It’s morality, self-centeredness and violating the rights of others for your entire adult life.”

She was also ordered to pay $60 in restitution to the Orleans County Major Felony Crime Task. If Poole paid the $60 today, she would avoid a $325 surcharge, but Poole said she didn’t have the $60.

Punch said she would have to pay the $60, plus $325 while she is in prison.

Batavia man gets prison sentence for Walmart burglary

By Tom Rivers, Editor Posted 24 November 2014 at 12:00 am

ALBION – A Batavia man with a heroin addiction was sentenced to 1 to 3 years in state prison today.

Jason Lang, 33, of Liberty Street in Batavia pleaded guilty to attempted burglary in the third degree during an August court appearance. He faced a maximum of 1 1/3 to 4 years in state prison. Orleans County Court Judge James Punch gave Lang 1 to 3 years.

Lang admitted to stealing two coffee machines and a blender from the Albion store on Nov. 20, 2013. Because he was banned from Wal-Mart, he was charged with burglary.

His attorney, Nathan Pace, said Lang was a law-abiding citizen with only a misdemeanor until he became addicted to heroin in 2012. Since then he has been arrested 19 times.

“Obviously for the future of his life he has to get this dealt with,” Pace said about the heroin addiction.

Lang faces additional charges in Genesee County. Judge Punch didn’t give him the maximum sentence because he said Lang is not a second felony offender.

The judge urged Lang to battle the drug addiction.

“You have to get a backbone and fight this or else you’ll spend the rest of your life in jail,” Punch said.


In other cases:

Freddie Taylor, 45, of Mount Read Boulevard in Rochester was sentenced to 1 ½ years in state prison, with a chance for attending the Willard Drug Treatment Center in Romulus. That center is a specialized state prison in Seneca County that treats drug-addicted convicts.

Taylor pleaded guilty to criminal possession of controlled substance in the fifth degree. He was arrested on April 1 on several drug charges. He admitted he had cocaine in Albion on Feb. 3.

Taylor has been receiving mental health and drug addiction services.

“You’ve been in a lot of programs but nothing has really worked to keep you from this stuff,” Punch said. “I hope you can get this straightened out because I think you have some potential.”


An Albion man pleaded guilty to driving while intoxicated and could be sentenced to up to a year in the county jail on March 2.

James J. Bartosik, 46, of Albion was charged with felony DWI on Sept. 12 in the village. He has a prior DWI.

Husband gets prison, wife probation for drug crimes

By Tom Rivers, Editor Posted 17 November 2014 at 12:00 am

ALBION – A husband and wife were both sentenced in Orleans County Court today with the husband getting a year in prison and his wife three years on Probation.

Christopher A. Saddler, 30, of 304 West State St. pleaded guilty on Aug. 19 to criminal possession of a controlled substance in the fifth degree. He faced a maximum of 2 ½ years in state prison. He admitted in court he possessed a prescription narcotic with the intent to sell it.

His attorney sought leniency in court, asking that Saddler avoid jail or prison. If he was going to be incarcerated, his lawyer asked that the sentence start after Dec. 17 when Saddler was due to take final exams for coursework.

Saddler apologized in court to his family, Judge James Punch and the community.

“I never thought I was capable of using such bad judgment,” Saddler said during sentencing. “I know I deserve to be punished.”

Punch said Saddler had multiple sales of drugs. He also has two prior misdemeanors. Punch said he needs to punish people who spread drugs, which he called a “poison” in the community.

“It’s toxic,” Punch said about drugs. “It causes damage to people. They become addicted to it and it could kill them.”

He gave Saddler a year in prison with the sentence to start today. Saddler can tend to his coursework when he gets out of prison, the judge said, calling the sentence Saddler’s immediate priority.

The judge noted he didn’t give Saddler the maximum sentence of 2 ½ years in prison because Saddler admitted his role in the crime.

“If you weren’t honest and hadn’t owned up to it you would be looking at more state time,” Punch said.

Saddler’s wife, Jessica Saddler, 24, was spared jail. She was sentenced to three years on Probation.

She admitted she had more than 2 ounces of marijuana in her upstairs closet on April 14.

She pleaded guilty on Aug. 19 to misdemeanor criminal possession of marijuana in the fourth degree. She could have been sentenced to up to a year in jail.

Mrs. Saddler has no prior criminal history. Punch said she was brought into drug activity by her husband.


In another case, a Lockport woman was sentenced to five years of Probation for being part of a cocaine sale in Albion on June 2. Amanda Brosius, 33, 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.

As part of her plea deal, she agreed to assist the district attorney with prosecution of the codefendant in the case. Judge Punch said if Brosius is involved in another drug case she will surely be sentenced to state prison in the future.

“This is serious stuff,” the judge told Brosius. “I take your involvement in the spread of this very seriously.”

4 arraigned in County Court

By Tom Rivers, Editor Posted 17 November 2014 at 12:00 am

ALBION – Four people accused of crimes in Orleans County were arraigned in court today. Orleans County Court Judge set bail for all four.

Matthew Mudge, 24, of Albion faces charges of third-degree and fourth-degree criminal possession of a weapon. Mudge was charged on Aug. 16 following investigation of a “suspicious person” complaint on Bass Road in the Town of Carlton.

Mudge was allegedly found in possession of a loaded .380 caliber automatic pistol which he didn’t have a permit for. He also has a previous conviction for criminal possession of a weapon, according to the Orleans County Sheriff’s Department.

He has been in jail on $5,000 bail. Orleans County Court Judge James Punch continued to keep bail at $5,000 during Mudge’s arraignment today.

Mudge is a past youthful offender and also has “a series of misdemeanor offenses,” District Attorney Joe Cardone said.


In other cases:

An Elba resident was arraigned for violating Probation. Mark Gregori, 52, of Oak Orchard Road was remanded to jail on $5,000 bail.

Ivy E. Schell, 19, of Buffalo was charged with criminal sale of a controlled substance in the fourth degree and criminal possession of a controlled substance in the fifth degree. The former Albion resident allegedly sold Hydrocodone and Acetaminophen in Albion in April.

She has been in the county jail on $1,000 bail. Judge Punch kept bail at $1,000.

A Holley resident was arraigned on second-degree burglary. Dylan DiPlato, 26, allegedly was found uninvited in a Holley resident’s home on Sept. 21 when the resident returned.

Judge Punch set $5,000 bail for DiPlato. He has a prior offense of driving while ability impaired, Cardone said.

Woman admits selling cocaine

By Tom Rivers, Editor Posted 10 November 2014 at 12:00 am

Bail set at $100K for Medina man with 4th DWI

ALBION – A Brockport woman admitted in Orleans County Court today that she sold cocaine for $100 to an undercover officer on May 29, 2013.

Cynthia Winkelman, 46, of Skyline Circle pleaded guilty today to criminal possession of a controlled substance in the fifth degree. She has no prior criminal record. Winkelman could face up to a year in the county jail when she is sentenced on Feb. 2.


Also in county court today:

Judge James Punch set bail at $100,000 for Norman Bloom Sr. of Medina. He was charged with driving while intoxicated on Saturday. It was his fourth DWI, District Attorney Joe Cardone said.

Bloom, 48, of West Center Street has three prior felonies, two prior misdemeanors and a failure to appear at court. He is currently in the county jail.

He is scheduled to appear in Shelby Town Court on Dec. 4.

Judge Punch accepted Joseph Ahue, 25, into the Drug Court program. Ahue of McKinistry Street in Albion pleaded guilty to attempted criminal possession of a controlled substance in the fourth degree and criminal possession of a controlled substance in the seventh degree.

If he completes Drug Court, the CPCS in the 4th degree charge will be dismissed. The CPCS in the 7th degree would remain, but Punch said Ahue would be spared jail if he completes Drug Court.

Ahue on Aug. 1 was arrested charged after a vehicle driven by his friend was pulled over. Ahue had 0.17 ounce of oxycodone in his pocket, Cardone said.

Jury convicts Albion man on drug charges

By Tom Rivers, Editor Posted 6 November 2014 at 12:00 am

ALBION – An Albion man with an extensive criminal history, including four prior felonies, was convicted by a jury on several drug charges on Friday.

Charles G. Ingram, 58, was arrested on April 1 along with 15 others following a six-month investigation into the sale and distribution of crack cocaine, heroin, prescription narcotics and marijuana in the village of Albion, the Orleans County Major Felony Crime Task Force reported then.

Ingram was living in 175 North Main St., Room No. 20, when he was arrested. He has been in the Orleans County Jail since then.

Ingram was arraigned on charges of three counts of criminal sale and criminal possession of a controlled substance in the third degree. He rejected a plea offer from Orleans County District Attorney Joe Cardone.

Ingram went to trial last week and he was found guilty of two counts each of criminal sale and criminal possession of a controlled substance in the third degree, as well as one count of criminal possession of a controlled substance in the seventh degree.

His sentencing date hasn’t been set.

Medina man sentenced to 3 years in prison on drug charge

By Tom Rivers, Editor Posted 4 November 2014 at 12:00 am

ALBION – A Medina man was sentenced to 3 years in state prison Monday after he admitted to selling prescription drugs.

Stacy Bryan, 23, of Medina pleaded guilty to criminal possession of a controlled substance in the fifth degree. As a second felony offender, he faced a maximum of 4 years in state prison. Punch gave him 3 years, despite a request for more leniency from Bryan’s attorney, who said the buyer of prescription pills sought out Bryan.

“I got caught up in something stupid,” Bryan said during sentencing. “I’m not a drug dealer.”

Bryan in a September court appearance admitted he sold dextroamphetamines on three occasions. The controlled substance is used to treat attention deficit hyperactivity disorder.

Orleans County Court Judge James Punch said Bryan, a second felony offender, already has a criminal history with attempted assault, theft and endangering the welfare of a child.

“This is a serious matter and it must be dealt with seriously,” the judge said.

As Bryan was led out of the courtroom, he yelled an expletive at the judge.


In other cases:

An Albion man pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum 1 ½ years in state prison.

Joseph B. James, 33, was living in Albion when he was arrested on April 1. He admitted in court he had cocaine with the intent to sell on March 3, 2014.

He is currently in the county jail. His attorney Shirley Gorman requested that bail for James, who has no prior felonies, be reduced. Judge Punch agreed to lower bail from $100,000 to $20,000. James will be sentenced at 2 p.m. on Feb. 2.

An Albion man who was scheduled to be sentenced had that adjourned for three months while he recovers from injuries.

James Herring III, 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.

Miller is sentenced to 25 years to life in state prison

By Tom Rivers, Editor Posted 3 November 2014 at 12:00 am

Judge says the crime ‘one of the most painful deaths I’ve seen’

Frederick Miller

ALBION – Frederick Miller will spend the rest of his life in prison for killing his girlfriend, Rachel Miller on March 4, 2013.

Orleans County Court Judge James Punch gave Miller, 63, the maximum sentence today. The judge called the murder “one of the most tortuous, bloody, painful deaths I’ve seen.”

Miller was convicted of second-degree murder by a jury on Sept. 17, following a trial when he admitted to stabbing her with scissors. Rachel was still alive after being stabbed nine times with scissors.

She fled their house on Oak Orchard Road in Carlton and Miller broke off a metal Posted sign. Miller struck her three times in the head. Her body was discovered the morning of March 4, 2013 by a passing school bus driver.

“Imagine the pain and anguish that woman experienced as she left the earth,” Punch said during sentencing this afternoon.

Punch said he has been part of 20 to 25 murder cases as county judge and district attorney. Punch said Rachel’s death “was the cruelest and most protracted” murder in his career.

Frederick Miller’s attorney Robert King asked for mercy, saying the court should save the maximum sentences for people who commit “cold and calculated murders.” King said Miller “snapped” the day he killed his live-in girlfriend. King said it was “a great tragedy.”

“It was horrible, it was inexplicable and it was violent,” King said. “We don’t contest that.”

Miller, wearing the orange jumpsuit issued for county jail inmates, declined to speak during the sentencing. During his trial, he said he was depressed. He had lost a high-paying job at Kodak and was driving a bus for a fraction of his former pay.

His attorney offered a defense of “extreme emotional disturbance.” King said Miller wasn’t himself in the months leading up the crime due to a job loss, his mother’s serious illness and a deteriorating relationship with Rachel.

Rachel Miller

The judge didn’t believe that Miller snapped.

Rachel was stabbed with scissors in the bathroom, then the bedroom and then on the way out of the house. Miller then followed her outside and struck her with the sign post three times.

“You had plenty of time to stop and think,” Punch said.

District Attorney Joe Cardone said Miller’s selfishness and narcissism pushed him to commit “one of the most senseless killings” that Cardone has experienced in his two decades as DA.

Rachel Miller’s son addressed the court and asked the judge to sentence his mother’s killer to the rest of life in prison.

“We haven’t asked for anything,” Cody said on behalf of Rachel’s family and friends. “But you make sure we never have to see him again.”

Cody turned to Miller and used several expletives in telling him to die in prison. The judge said he wouldn’t hold Cody Miller in contempt of court.

“Fred, could you imagine your mother lying in the snow bleeding to death?” the judge said.

Cody said his mother was a loving person to her family, friends, students at Rainbow Preschool and also to animals. His mother was a speech therapist at Rainbow Preschool, which is run by The Arc of Orleans County. She was the mother of four children and grandmother to 14. Cody listed all of their names.

He fought back tears and had to pause and collect himself several times while he spoke during the sentencing.

“She lived a life of giving,” Cody Miller said at sentencing. “She never wanted anything but happiness. The world kept taking from her but she fought back by giving.”

The Arc and Rainbow Preschool last Dec. 6 dedicated the “Socio-Dramatic Play Center” in memory of Rachel, who was 53 when she was killed.

She worked with children ages 3 to 5 who had significant developmental delays. Many of the children have autism and some of them have not spoken a word by the time they enroll in Rainbow Preschool.

Cody Miller spoke of the dedication program for his mother last Dec. 6, when one student talked to a large group, thanking Rachel Miller for helping him to say his first words.

Three of Rachel Miller’s children – Amanda, Roy and Cody – attended the dedication for a play room in their mother’s memory on Dec. 6.

Cody said his mother was a positive influence on so many people, especially her family.

“She was there to pick us up when we fell and to hold us in a warm embrace and tell us it’s OK,” he said.

Cody thanked the local judicial system for working to bring justice in the case, even when the trial was delayed several times. Miller switched attorneys and his lawyer requested a psychological exam, only to have Miller refuse to meet with a psychiatrist.

Punch said he has tried to understand what provoked Miller in the attack. During the trial, Miller’s attorney said Miller became enraged when Rachel brought home baby chickens without consulting Miller.

Punch said bringing home chickens to nurture was in line with Rachel’s character.

“She was full of life, a ray of sunshine in that house,” Punch said.

He contrasted that with Miller, who felt he was a victim of life’s circumstances. He was envious of Rachel and her positive energy, the judge said.

“Rather than get off the couch you snuffed out this bright light,” the judge said.

King asked for mercy on behalf of Miller. The judge that will have to come from a higher power.

“It’s not up to me to show you mercy, Fred,” the judge said. “It’s up to God.”

Medina man admits selling marijuana, and criminal possession of gun

By Tom Rivers, Editor Posted 27 October 2014 at 12:00 am

ALBION – A Medina man admitted in court today he sold marijuana on May 20 and also had a .22-caliber revolver at his residence.

Rodrick S. Griffin, 31, of 238 Eagle St. pleaded guilty to criminal sale of marijuana in the third degree, which carries a maximum of 1 ½ to 2 years in state prison. He also pleaded guilty to criminal possession of a weapon in the fourth degree, which carries a maximum of a year in jail.

Griffin was charged after allegedly selling 27 ounces of marijuana on West Avenue in Medina. The gun was discovered at his residence.

He will be sentenced on Feb. 2.


In another case in County Court, a Holley man was arraigned and remanded to jail on $100,000 bail. David Diaz Jr., 31, faces charges of criminal sale and criminal possession of a controlled substance, as well as criminal sale and criminal possession of cocaine in the third degree, in addition to a charge of escape.

Diaz was arrested on July 14 after a six-hour manhunt in Holley after he was taken to the police station and allegedly fled from officers. He was finally arrested after he was discovered hiding in a hollowed out couch in an abandoned house at 27 Mechanic St.

Given a past history of five misdemeanors, three failures to appear in court, two Probation revocations and the escape from the Holley Police Department, Orleans County Court Judge decided to set bail at $100,000 for Diaz.

 

Burglar gets 5 years in state prison

By Tom Rivers, Editor Posted 20 October 2014 at 12:00 am

ALBION – A Medina man who admitted his role in at least two Albion burglaries in the summer of 2013 today was sentenced to five years in state prison.

Isaiah Bonk, 21, was given the maximum sentence as part of a plea deal reached in August when he pleaded guilty to attempted second-degree burglary. His attorney Michael Manusia asked the judge for leniency. Manusia said he wasn’t making excuses for Bonk, but the attorney said Bonk didn’t enter the homes that were burglarized. He served as the look-out while another man went inside, Manusia said.

Bonk has also endured tragedy in his life, including the death of his mother in a fire when Bonk was 6. Manusia said Bonk was ridiculed in school for learning disabilities and was swayed to participate in the burglaries by the other criminals in the case.

Orleans County Court Judge James Punch said Bonk is “reasonably intelligent.” The multiple burglaries warranted prison time, Punch said.

“I think you were as influential to them as they were to you,” Punch said during sentencing. “Once you start wandering through peoples’ houses and taking their stuff that’s serious.”


In other cases:

The judge sentenced Morris Taylor to six months in jail for criminal possession of a controlled substance in the fifth degree. Taylor, 24, of Albion admitted to selling cocaine in September 2013.

That was a one-time transaction, with Taylor serving as the middle man in the sale, his attorney Mark Foti told the judge.

Taylor is a first-time felony offender. He is a former track and football star at Albion. Several of his coaches submitted letters to the court on behalf of Taylor, vouching for his character.

Taylor has already served six months in jail, from December to May. His sentence today won’t result in additional jail time.

Punch also gave Taylor five years on probation.

“You’re certainly not a hopeless criminal like some of what we see here – of course, no one is hopeless,” Punch said during sentencing. “I’m hopeful you won’t be back (in court).”


An Albion woman was sentenced to two years in state prison after admitting in court she sold prescription medication to make a profit. She was charged on April 1.

Dawn M. Read, 42, has prior convictions, including grand larceny in the fourth degree. Punch gave her the maximum sentence for criminal possession of a controlled substance in the fifth degree.

“You just decided somewhere along the way to be a criminal,” Punch said.


An 18-year-old from Medina admitted to sending text messages last May where he threatened to kill other students.

Mackenzie Barrett pleaded guilty today to making a terrorist threat, which carries a maximum of 2 1/3 to 7 years in state prison. As part of a plea deal, Barrett will face a maximum of one year in jail when he is sentenced on Jan. 12. If the sentence is greater than a year, he can withdraw his plea and go to trial.

“Did you threaten to shoot, stab and use bombs at the school?” Punch asked Barrett in court today.

“Yes,” Barrett replied.

He said the texts weren’t directed at anyone specifically.

Punch said people would naturally feel intimidated by those text messages given many instances of mass deaths by student gunmen.

“You know there has been all these school shootings, right, and that would play into that?” Punch asked Barrett.

He replied, “Yes.”

Barrett remains incarcerated in the county jail.

Miller will be sentenced Nov. 3 for second-degree murder

By Tom Rivers, Editor Posted 14 October 2014 at 12:00 am

Miller

ALBION – The sentencing for a Carlton man found guilty of second-degree murder will be on Nov. 3.

Frederick Miller
was convicted of the crime on Sept. 17. That day sentencing was set for Oct. 8. But that date was a miscommunication by the court, court officials said this afternoon.

Miller will be sentenced by Orleans County Court Judge James Punch at 2 p.m. on Nov. 3. Miller faces a maximum of 25 years to life in prison.

Jurors found Miller guilty of second-degree murder during a trial last month. Jurors picked the more serious charge for Miller over a reduced charge of first-degree manslaughter.

Miller was 61 when he killed his girlfriend, Rachel Miller, stabbing her with scissors and then beating her with a snapped off “Posted” sign.

Miller’s attorney, Robert King, argued during the trial that his client was suffering from an “extreme emotional disturbance” due to the loss of work, the serious illness of his mother and “a relationship that was falling apart.”

District Attorney Joe Cardone refuted King’s claims, saying Miller wasn’t emotionally disturbed.

“This case is entirely about control,” the DA said in his closing arguments. “It is entirely about manipulation.”

Miller was angry when Rachel wanted to spend Easter in Georgia with family, with Miller left behind, Cardone said. She angered him when she brought home baby chicks on March 3, the day before she was killed. And Miller testified he was mad when she took a long shower that morning.

“It wasn’t about extreme emotional disturbance,” Cardone said. “It was about his extreme arrogance, it was about his extreme selfishness, it was about his extreme narcissism and his extreme need to have control of his life and Rachel Miller.”