county court

Judge sentences 2 to state prison

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

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

Jackie L. Sponaugle Jr., 22, of Ashwood Road in Waterport could spend up to 5 years in prison after he was sentenced for third-degree burglary and fifth-degree criminal possession of a controlled substance.

He faced a maximum of seven years in prison. He was given 1 2/3 to 5 years behind bars for the burglary and 2 years for the drug charge, which will run the same time as the burglary sentence. Sponaugle is a first-time felony offender. He has two prior arrests.

Sponaugle admitted he broke into a Carlton home on Gaines Road and stole items on Aug. 19, 2013. He also said he had morphine and intended to sell it on Oct. 3.

He was ordered to pay $1,000 in restitution for the burglary and another $140 in restitution for the drug charge. That represents the money spent by an undercover officer for the drugs.

Sponaugle apologized in court to victims of the burglary, saying he betrayed their trust. He also apologized for the drug crime.

“I shouldn’t have been selling this garbage,” he told Judge Punch.

The judge said Sponaugle had graduated beyond Probation and deserved state prison.

Sponaugle admitted he has a drug problem. He said he was taking responsibility for his crimes.

“They are the scourge of this community and you’re helping to spread it,” Punch said about illegal drugs. “I can’t look the other way.”


A Brockport man also was sentenced to state prison for driving while intoxicated. Sean Hubler, 43, has multiple DWIs, the District Attorney’s Office said.

He was arrested on Nov. 24 in Gaines and registered a Blood Alcohol Content of 0.16 percent, twice the legal limit.

He was sentenced to 1 1/3 to 4 years in prison.

“You need to be taken off the streets,” Punch said during sentencing. “I’m surprised you haven’t killed someone yet.”

Several arraigned in county court

By Tom Rivers, Editor Posted 7 July 2014 at 12:00 am

ALBION – Orleans County Court Judge James Punch arraigned several people in court today and also set bail for the defendants, who face a range of alleged charges, including rape, burglary and various drug crimes. They all pleaded not guilty.

The following were arraigned:

Christopher Bucci, 34, of Galloway Road in Batavia was arraigned on second-degree rape, sexual abuse in the third degree and endangering the welfare of a child.

Bucci allegedly had sex with a 14-year-old girl on Dec. 28, 2013. The judge issued an order of protection for the alleged victim and set bail at $2,500.


Three people were arraigned for second-degree burglary, criminal mischief in the fourth degree and four counts of endangering the welfare of a child.

The following are accused of breaking into a house with four children on East State Street on May 19: Dexter Turner, 22, of Caroline Street in Albion; Stormy Osby, 18, of Park Avenue in Medina; and Brandie Sumeriski, 19, of East Bank Street, Albion.

They allegedly also caused property damage and attacked one of the residents, according to the District Attorney’s Office.

Punch set bail at $10,000 for each of the three. A fourth person is suspected in the break-in but hasn’t been charged yet.


Debra Unell, 52, of Orient Street in Medina was arraigned for three counts each of criminal sale and criminal possession of a controlled substance in the third degree. The judge set bail at $20,000.

Unell was charged after she allegedly sold cocaine on three occasions between Oct. 3, 2013 and Dec. 11, 2013.


Curtis Stipp, 22, of Countyline Road in Middleport was arraigned on two counts of criminal possession of a controlled substance in the third degree. He allegedly had oxycodone and intended to sell it on Nov. 22, 2013, the DA’s Office said.

The judge set bail at $20,000 for Stipp, who may be considered for Drug Court.


Katherine Taylor, 24, of Main Street in Waterport was arraigned on two counts each of criminal sale and criminal possession of a controlled substance in the third degree. She allegedly sold cocaine on three occasions between Jan. 28 and Feb. 3.

The judge increased her bail from $5,000 set in town court to $25,000 based on multiple sales and a prior charge of escape.

“I don’t think that’s adequate bail,” Punch said about the $5,000.

2 arraigned on drug charges

Staff Reports Posted 3 July 2014 at 12:00 am

ALBION – Two people were arraigned in Orleans County Court on drug charges and both posted bail.

Erika H. Poole, 34, of 746 Church St., Medina, was arraigned on charges of second-degree criminal possession of marijuana. She pleaded not guilty. Orleans County Court Judge James Punch set bail at $10,000. Poole, who has a prior drug conviction, already posted $25,000 bail in a lower court.

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


A Rochester man was also arraigned in County Court on Monday for several drug charges.

Laquan J. Simmons, 22, of 259 Arborwood Lane was arrested in April with 6.7 grams of crack cocaine in the Wal-Mart parking lot. Police seized 22 bags of crack cocaine packaged for sale and a larger bag of crack cocaine. They have a street value of more than $1,500, the Orleans County Major Felony Task Force reported.

Simmons, who was on parole, was arraigned on two counts of criminal sale of a controlled substance in the third degree, one count of criminal possession of a controlled substance in the third degree and one count of CPCS in the fourth degree.

He pleaded not guilty to the charges. Judge Punch set bail at $25,000 and Simmons posted a bond in that amount.

Judge sets $200K bail for 2 Albion men

By Tom Rivers, Editor Posted 30 June 2014 at 12:00 am

ALBION – Two men from Albion, facing numerous drug-related charges, were arraigned in Orleans County Court last week and sent to jail on $200,000 bail.

Both Lee Tisdale and Dennis Calkins pleaded not guilty to their alleged crimes.

Tisdale, 43, of 2822 Lattin Rd. was arrested in March following a six-month investigation into the sale and distribution of cocaine, ecstasy and methylone “bath salts” in Orleans County.

He was arraigned in County Court last week on charges of criminal possession of a controlled substance in the third and fifth degrees, and criminal sale of controlled substance in the third and fifth degrees.

County Court Judge James Punch also arraigned an Albion man last week after he was arrested on Feb. 13 following a vehicle stop on Route 31 near the Save-A-Lot grocery store.

Dennis Calkins, 34, of Hamilton Street and his wife Tammy A. Kuhns-Calkins, 44, of Elba were both arraigned.

Mr. Calkins on Feb. 13 allegedly jumped from the car while it was in motion and fled to a wooded area behind the grocery store. The Sheriff’s Department K-9 unit helped to track down Calkins.

He and his wife were arraigned on charges of unlawful manufacture of methamphetamine, unlawful fleeing of a police officer in the third degree, criminal possession of a hypodermic instrument and reckless driving.

Mr. Calkins also faces charges of resisting arrest.

The judge set bail at $200,000 for Mr. Calkins and $10,000 for his wife.

3 from Orleans sentenced to state prison

By Tom Rivers, Editor Posted 30 June 2014 at 12:00 am

ALBION – Orleans County Court Judge James Punch sentenced three Orleans County residents to state prison today.

Brenton Poole, 28, faced the stiffest sentence, five years in state prison. He pleaded guilty on April 7 to attempted criminal possession of a controlled substance in the third degree. He faced a maximum of 1 1/3 to 8 years in state prison, but his plea deal set the maximum punishment at five years.

During sentencing this afternoon, Poole accepted responsibility for having crack cocaine and marijuana in his closet at his home on 746 Church St.

He was arrested on Feb. 12 along with two other Medina residents after a year-long investigation into the sale and distribution of crack cocaine and marijuana in the villages of Medina and Albion, according to the Orleans County Major Felony Crime Task Force.

Poole is a second felony offender. His attorney, Robert Fogg, said Poole quickly took responsibility in the case without any delays. Fogg asked for a sentence less than the maximum, and noted that Poole has struggled with a substance abuse problem.

Judge Punch insisted on the maximum of five years.

“You profited from the chaos you’ve been spreading,” the judge told Poole. “You’ve been a drug dealer and I think you have been for a long time.”


The judge also sentenced an Albion man to four years in state prison. Kyle Depoty, 23, of Albion faced charges of third-degree robbery and petit larceny for allegedly taking items from the Albion Wal-Mart on Dec. 8 and then threatening to harm a store employee.

Depoty also has been charged with second-degree burglary and petit larceny for allegedly stealing a camera, camcorder and cigarettes from an Eagle Harbor home on Dec. 4. He also faced probation violation charges.

He pleaded guilty to second-degree attempted burglary, petty larceny and violation of probation, which could have resulted in a maximum sentence of 3 to 7 years in state prison. The judge gave him four years.


A 19-year-old from Holley was sentenced to 2 to 6 years in state prison for disseminating indecent material to a minor.

Damien Jost of Ridge Road was called “a very dangerous individual” by the judge.

Jost was charged in September with endangering the welfare of a child, use of a child in a sexual performance and disseminating indecent material to a minor. An investigation showed he was allegedly sending and receiving photos of a victim who was 13 years old that he was messaging on-line. Jost also allegedly sent the 13-year-old images of him having sex with his girlfriend.

“I learned from this,” Jost said during sentencing. “I learned from this whole ordeal.”

The judge was asked to consider Youthful Offender status for Jost, but Punch refused, “based on your history and predatory nature of your conduct.”

2 sentenced to jail/prison

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

ALBION – An Albion woman was sentenced to eight months in Orleans County Jail after she failed to complete Drug Court.

Krystle L. Hughson, 30, of Albion in February pleaded guilty to petit larceny after she allegedly entered a motor home on Beachwood Boulevard in Albion on Dec. 20. Once inside, she is accused of stealing prescription pills.

If Hughson successfully completed Drug Court, the petit larceny charge would have been dismissed. However, she violated Drug Court terms and was sentenced to jail on Monday.

Orleans County Court Judge James Punch also sentenced a Rochester man to two years in state prison.

Juan Gonzalez, 36, of North Union Street was stopped with cocaine and a switch-blade knife in Clarendon in August. He pleaded guilty to criminal possession of a controlled substance in the fifth, which carries a maximum sentence of 2 ½ years. He also pleaded guilty to criminal possession of a weapon in the fourth degree, which carries a maximum sentence of a year in prison.

Punch gave Gonzalez 2 years in state prison. Gonzalez was diagnosed with cancer before he committed the crime and was struggling with “many medical problems,” his attorney Michael O’Keefe told the court.

Gonzalez had the weapon for his family in case he became incapacitated, O’Keefe said.

Gonzalez apologized and asked to be sentenced to Drug Court so he could tend to his health.

“I can’t just let you say, ‘I’m sorry,’ and walk away,” Punch said.


In other cases:

A Niagara County woman was arraigned for driving while intoxicated (felony due to previous conviction) and aggravated driving while intoxicated.

Julie R. Wisniewski, 37, of Lewiston was stopped on Point Breeze Road in Carlton on April 12 and registered a .21 Blood Alcohol Content, District Attorney Joe Cardone said. Punch set bail at $2,500 for Wisniewski.

A 73-year-old Medina man pleaded guilty to criminal sale of a controlled substance in the fifth degree and could face up to 2 ½ years in state prison when he is sentenced on Sept. 29.

Angel Gonzalez of Ricky Place was charged last July with one count of criminal sale of a controlled substance in the second degree, a felony; two counts of criminal possession of a controlled substance in the third degree; and one count of criminal diversion of a prescription medication and prescription in the fourth degree.

Gonzalez said he sold hydrocodone, his prescribed medication for pain relief, to make money.

A Medina man pleaded guilty to third-degree criminal sale of marijuana, which carries a maximum of 1 ½ years in prison.

Michael Nellist, 35, East Center Street in Medina faced four counts of criminal sale of marijuana. The sales allegedly took place in Ridgeway on May 20, July 3, October 23 and October 30. He will be sentenced on Sept. 29.

Several arraigned in county court on drug charges

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

Editor’s note: This story was updated from an earlier version.

ALBION – Four Orleans County residents were arraigned in county court on Monday on multiple charges for drug crimes. County Court Judge James Punch set bail at $200,000 for two of the defendants – Charles Ingram and Stephen Miles.

The arraignments follow arrests on April 1 when 16 people were charged following a six-month investigation into the sale and distribution of crack cocaine, heroin, prescription narcotics and marijuana in the village of Albion.

Not all 16 appeared in court on Monday. The four defendants in court entered not guilty pleas on Monday. The following were arraigned in county court for the April 1 arrests:

Charles G. Ingram, 58, 175 North Main St., Room No. 20, Albion. He has an extensive criminal history, with four prior felonies, District Attorney Joe Cardone said.

Ingram was arraigned on charges of three counts of criminal sale and criminal possession of a controlled substance in the third degree.

Stephen W. Miles, 51, of 175 North Main St., Room No. 12, Albion. He was arraigned on charges of one count of criminal sale and criminal possession of a controlled substance in the third degree, one count of CSCS in the fourth, one count of CSCS in the fifth and two counts of CPCS in the fifth.

Miles has three prior felonies and five prior misdemeanors, “an incredible record,” Punch said in setting bail at $200,000. The judge also ordered a psychiatric evaluation for Miles.

Joseph B. James, 33, is a former Albion resident who now lives in Batavia. Punch set bail at $100,000 for James, who was arraigned on six counts of CSCS in the third, seven counts of CPCS in the third and one count of unlawfully dealing with a child in the first degree.

Melissa A. Warren, 28, is a former Albion resident who now lives in Batavia. Punch set bail at $2,500 for Warren, who has no previous criminal history.

She was arraigned on three counts of CSCS in the third degree, four counts of CPCS in the third, and one count of unlawfully dealing with a child in the first degree.

Medina man pleads guilty to break-in

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

2 others sentenced to County Jail

ALBION – A Medina resident admitted in Orleans County Court today he broke into The Corner Store in Medina last October and stole items from the South Main Street location.

Michael Bauer, 28, of 730 S. Main St. could get up to 4 years in state prison when he is sentenced on Aug. 18. Bauer in court today pleaded guilty to attempted burglary in the third degree.

He was arrested on Oct. 25. Medina police said he stole the convenience store’s cash register, an undetermined number of scratch-off lottery tickets, cigarettes and other store merchandise.

In other cases in county court today:

A Medina woman was sentenced to six months in county jail for criminal possession of a controlled substance in the fifth degree, a charge that carried a maximum of 2.5 years in state prison.

Gale V. Morehouse, 51, admitted in court in March that she sold methadone from her home on Church Street in Medina on April 22, 2013. She is a first-time offender. Morehouse has since moved to Lockport.

Cody Gillette, 24, of East State Street in Albion was sentenced to six months in jail for driving while ability impaired by drugs, attempted forgery in the second degree and aggravated unlicensed operation of a motor vehicle.

Gillette, who has a prior DWI, admitted in a previous court appearance that he was driving on June 16, 2013 after consuming opiates and using marijuana. He also admitted to forging a check on June 26, 2013. He was ordered to pay $257 in restitution to Five Star Bank.

Judge James Punch also sentenced Gillette to five years probation. The judge revoked Gillette’s driver’s license for a year and also will require him for the next five years to use an interlock ignition device that measures his Blood Alcohol Content.

Mathew J. Albone, 32, of Medina can avoid going to jail if he successfully completes Drug Court. Albone last January was charged with two counts of criminal sale of a controlled substance in the fourth degree and two counts of criminal possession of a controlled substance in the fifth degree.

He pleaded guilty in court today to CPCS in the fifth degree and CPCS in the seventh degree. He admitted in court to selling prescription narcotics that were prescribed to him.

If he completes Drug Court the charge of CPCS in the 5th degree will be dismissed. That charge carries a maximum of 2.5 years in state prison. If he completes Drug Court and goes another year without drug infractions or breaking the law, the charge of CPCS in the 7th degree will also be dismissed.

DA adds charges against pastor accused of sex abuse against children

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

ALBION – The district attorney added new charges Monday against a pastor who used to lead a Lyndonville congregation.

Roy Harriger, 70, already faced three counts of incest and coarse sexual conduct. District Attorney Joe Cardone added three counts of endangering the welfare of a child. Harriger was arraigned on Monday afternoon in Orleans County Court by Judge James Punch.

The new charges won’t increase the maximum sentence for Harriger. He appeared in court with his attorney Larry Koss. Harriger pleaded not guilty to the charges.

The new indictment with the additional charges resets the court calendar for Harriger. He is scheduled to next appear in court on June 23 for a conference with motions to be filed by July 7 and then argued in court on July 21.

Harriger, the pastor of the Community Fellowship Church in the town of Hartland, was charged in November with three counts of coarse sexual contact in the first degree and three counts of incest. He faces a maximum of 25 years in state prison.

In the arraignment on Monday, Judge Punch kept the same conditions on Harriger, ordering him to stay away from church and any other locations where there are children 18 or younger. Harriger also remains free on $250,000 bail.

The alleged crimes by Harriger occurred against three family members between September 2000 and September 2001, when he was pastor of the Ashwood Wesleyan Church in Lyndonville.

2 get jail for crimes in Orleans

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

ALBION – A Medina resident was sentenced to a year in jail for driving while intoxicated and a Bronx man will spend 30 days in jail for marijuana possession.

Both were sentenced on Monday by Orleans County Court Judge James Punch.

Richard Klaver, 53, of Catherine Street in Medina pleaded guilty to driving while intoxicated, aggravated unlicensed operation of a motor vehicle and violation of Probation. He was sentenced to a year in jail. Klaver faced a maximum of up to four years in state prison.

Calvin Bennett, 37, of the Bronx was sentenced to 30 days in jail and three years Probation when he is released. Bennett was charged with first-degree criminal possession of marijuana in February. He was stopped in Clarendon and allegedly possessed 450 pounds of marijuana with Roderick Johnson, 29, of Rochester.

Bennett was reportedly a “small player” in the marijuana possession, but Punch said Bennett is still culpable. The judge allowed Bennett to keep his driver’s license because he works as a taxi cab driver in New York City.


In other cases in County Court:

A Medina man rejected a plea offer and will face a trial beginning Aug. 20. Stacy Bryan, 23, of West Avenue has been charged with three counts of both criminal sale and criminal possession of a controlled substance in the fifth degree, as well as third-degree welfare fraud.

Bryan allegedly sold dextroamphetamine on three occasions. He profited from the sales and didn’t report the income while collecting welfare benefits, the district attorney’s office said.


An Albion man pleaded guilty to criminal sale of marijuana in the fourth degree. The charge against Samuel Remley, 20, will be dismissed if he can complete Drug Court.

Remley was charged in February with one count of criminal sale of marijuana in the third degree and one count of criminal possession of a marijuana in the fifth degree. Remley didn’t actually sell marijuana, but drove a friend to McDonalds in Albion, where the friend made the sale. Remley didn’t receive any of that money, but he was charged because he assisted in the transaction by driving his friend.

If Remley cannot complete Drug Court, he could face up to a year in jail.


A 19-year-old Albion man pleaded guilty to attempted burglary in the third degree and could face up to four years in state prison when he is sentenced on Aug. 11.

Hayden K. Ettinger of East Academy Street admitted he broke into Robinson’s Redemption Center in Albion on Aug. 21.

The sentence for the Albion crime will be concurrent or at the same time as the sentence Ettinger receives in Genesee County Court. Ettinger has been charged with an October burglary in Oakfield on Lockport Road. In that case he was charged with third-degree burglary and unlawful possession of marijuana.

Rochester man sentenced to 6 months in jail for selling drugs in Albion

By Tom Rivers, Editor Posted 19 May 2014 at 12:00 am

ALBION – A Rochester man was sentenced to 6 months in jail and 5 years on Probation after he sold cocaine from the Burger King in Albion on Nov. 22.

Kamerin Burroughs, 23, of Normandy Street pleaded guilty to criminal possession of a controlled substance in the fifth degree. He is a first-time offender. His attorney Steven Sercu asked for no jail time, citing Burroughs had no prior criminal history and was raised in a supportive two-parent household.

“This isn’t the way Mr. Burroughs was raised,” Sercu told Orleans County Court Judge James Punch this afternoon.

The CPCS charge carries a maximum of 2 ½ years in state prison. Punch said Burroughs involvement in selling in heroin and cocaine warranted time behind bars.

“This is not a tiny amount of cocaine and heroin,” Punch said. “This is serious stuff.”

Burroughs was asked to cooperate in a drug investigation by the Rochester Police Department, but Burroughs declined, saying he feared retaliation. Punch said that fear shows how far Burroughs had sunk in associating wth dangerous people.

“I would like to apologize to you and your community for coming out here with this garbage,” Burroughs told Judge Punch.

The judge said Burroughs has a lot of potential.

“I hope you turn things around starting right now,” Punch told Burroughs.


In another local drug case, a Medina man pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Kimberly C. Dillon, 57, of 135 State St. could face up to six months in jail as part of a plea deal. If the sentence exceeds six months, he can withdraw the plea and go to trial.

In court today Dillon admitted he sold hydrocodone and acetaminophen from his house on Nov. 25, 2013. He will be sentenced on July 21 at 2 p.m.

Dillon initially was charged with three counts of criminal sale of a controlled substance in the third degree, three counts of criminal possession of a controlled substance in the third degree, and one count of welfare fraud in the third degree.

He and six others were arrested in January following a six-month investigation into the sale and distribution of prescription narcotics and marijuana in the village of Medina, the Orleans County Major Felony Crime Task Force reported at the time of the arrests.

Murder trial again postponed

By Tom Rivers, Editor Posted 12 May 2014 at 1:25 pm

Miller’s lawyer granted more time to review evidence

ALBION – A murder trial that was scheduled to start this morning after two delays has again been postponed.

Robert King, the defense lawyer for Frederick Miller, filed a motion to review evidence that District Attorney Joe Cardone recently sought to add to the prosecution’s case. Cardone filed an amended indictment and King requested time to explore the evidence and alleged proof.

Orleans County Court Judge James Punch opted this morning to delay the trial so King would have time to file a motion about the amended indictment. He has until next month to do so. There may or may not be hearings set then before the judge sets another trial date.

“These cases are extremely issue-ridden,” Cardone said at about 1 p.m.

Miller, 62, of Carlton faces 25 years to life in prison if he is convicted of killing his girlfriend Rachel Miller on March 4, 2013. Mr. Miller allegedly bludgeoned and stabbed Rachel Miller several times. He has been charged with second-degree murder.

The trial was first delayed when Miller switched attorneys from the public defender to Robert King of Rochester. It was delayed again when King in March filed paperwork for a psychiatric defense, claiming Miller subjected to emotional abuse by his live-in girlfriend.

But King withdrew that defense when Miller refused to meet with a psychiatrist. Orleans County Court Judge James Punch on April 28 said he was forced to preclude expert psychiatric testimony because Miller is refusing to cooperate.

Miller murder trial begins today

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

ALBION – A murder trial that has twice been delayed will finally begin today with jury selection.

Frederick Miller, 62, faces 25 years to life in prison if he is convicted of killing his girlfriend Rachel Miller on March 4, 2013. Mr. Miller allegedly bludgeoned and stabbed Rachel Miller several times. He has been charged with second-degree murder.

The trial was first delayed when Miller switched attorneys from the public defender to Robert King of Rochester. It was delayed again when King in March filed paperwork for a psychiatric defense, claiming Miller subjected to emotional abuse by his live-in girlfriend.

But King withdrew that defense when Miller refused to meet with a psychiatrist. Orleans County Court Judge James Punch on April 28 said he was forced to preclude expert psychiatric testimony because Miller is refusing to cooperate.

The Millers allegedly had a fight on March 4 at a home they shared on Oak Orchard River Road. Rachel Miller was 53 when she died as a result of blunt force trauma combined with multiple stab wounds, according to an autopsy.

Jury selection begins at 10 a.m. today in the county courthouse.

3 arraigned in County Court for felonies

By Tom Rivers, Editor Posted 7 May 2014 at 12:00 am

ALBION – Three people were arraigned in Orleans County Court for felony crimes ranging from driving while intoxicated to drug possession and sale. All entered not guilty pleas.

Jesse Boldt, 38, of Medina was arraigned in court on Monday on two counts each of criminal possession and criminal sale of a controlled substance in the fifth degree.

Boldt of 723 South Main St., Apartment 1, was arrested on March 5 by the Orleans County Major Felony Crime Task Force. Boldt allegedly was selling LSD.

He was been in jail on $25,000 bail since his arrest. Judge James Punch agreed to reduce bail to $10,000.


In other cases:

An Albion man accused of selling cocaine was arraigned on one count each of criminal sale and criminal possession of a controlled substance in the third degree.

James Herring III, 24, of East State Street had his bail raised from $10,000 to $25,000. He was arrested for allegedly selling cocaine on May 22, 2013.

A Rochester resident was arraigned for felony DWI and aggravated unlicensed operation of a motor vehicle.

James Isaacs, 34, of Ardella Street was charged with the crimes on Feb. 3 in the town of Yates. He has a prior DWI. He has posted $5,000 bail set at the Yates court. Punch agreed to keep bail at $5,000.

2 from Medina sentenced to state prison

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

MEDINA – A Medina woman who sold a prescription narcotic and a Medina man who stole a kayak and sold it online were both sentenced to state prison.

Lori Martinez, 46, of Park Avenue in Medina was sentenced to 1 ½ years in state prison by Orleans County Court Judge James Punch.

Martinez pleaded guilty on Feb. 24 to criminal possession of a controlled substance in the fifth degree. She is accused of selling hydrocodone and another prescription narcotic on May 18. The prescriptions were prescribed to her. She received $25 for the sale.

Her attorney, Michael O’Keefe, asked that the judge not sentence her to jail or prison. Martinez takes care of two grandchildren and has been volunteering in the community.

“She has learned from her mistakes,” O’Keefe said in court on Monday.

Martinez apologized for committing the crime.

“I know I made a bad mistake and I’m working on making myself a better person,” she told Judge Punch.

The judge said Martinez has a criminal history and she was profiting by selling drugs. He sentenced her to 1 ½ years in state prison, plus another year of post-release supervision. She also has to pay back $970.68 in welfare benefits.


Justin Tillinghast, 19, of 167 North St. was sentenced to 1 to 3 years in state prison for grand larceny and fourth-degree criminal possession of stolen property.

Tillinghast allegedly took a kayak from a neighbor and sold it on eBay. His lawyer asked for no state prison for Tillinghast, especially because he was only 18 when he committed the crime.

But Tillinghast has a criminal history, Punch said during sentencing.

“It’s clear to me you’re out of control and you don’t seem to take responsibility for this crime,” Punch said.