ALBION – Orleans County Court Judge Sanford Church sentenced a Medina man to 364 days in the county jail this morning for felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Lawrence Miller, 31, was charged after a rollover accident on June 25, 2023 on Maple Ridge Road.

The judge also revoked Miller’s license for a year and said he will need to use an interlock-ignition device for a year when he starts driving again.

In other cases:

• An Albion man was sentenced to 10 years probation for a criminal sexual act and sexual abuse, as well as endangering the welfare of a child. He allegedly had sexual contact with an underage girl.

The man, now 22, was a juvenile when he committed the crime. The judge gave him youthful offender status. His name shouldn’t be published.

He is receiving treatment and has no other criminal history, the judge said.

• Andre Coley, 33, of Albion was arraigned for charges of second-degree strangulation, third-degree menacing and fourth-degree criminal mischief.

The judge kept bail at the $1,000 set in town court and issued an order of protection for the victim in the case.

• Bradlee Pescara, 32, of Lyndonville pleaded guilty to criminal contempt in the second degree for having contact with a woman who had an order of protection against him. He will be sentenced on Nov. 1.

• Arthur Dukes of Medina was sentenced to weekends in jail for a month and a year of probation for attempted assault in the third-degree.

ALBION – A man who was in a brief standoff in Shelby with law enforcement on May 1 was arraigned in Orleans County today.

Jacoun Harden, 38, was arraigned for violating his probation, and then several charges from the Shelby incident including criminal possession of stolen property in the fourth degree (firearms), criminal possession of controlled substance in the second degree (narcotic drug at 4 ounces or more), criminal possession of controlled substance in the third degree, criminal possession of a weapon in the third degree, criminal possession of a controlled substance in the seventh degree, and unlawful possession of cannabis (more than 3 ounces).

District Attorney Joe Cardone said he was prepared to offer Harden a plea deal that would cap his sentence in state prison at 8 years, and also satisfy the punishment for violating probation.

Harden pleaded not guilty today. Judge Sanford Church continued the bail at $5,000 cash and $10,000 bond for the new charges. However, Harden is being held in jail for violating his probation. The probation violation is on the charge of criminal possession of a weapon in the 2nd degree (loaded firearm).

Harden was in a brief standoff on may 1 when law enforcement went to execute a bench warrant Harden after he didn’t show up in Orleans County Court.

Orleans County Sheriff’s deputies, county probation officers and State Police went to serve the bench warrant to Harden at his residence on West Shelby Road.

The law enforcement officers saw a loaded Smith and Wesson 9mm pistol on the floor and drug paraphernalia. Harden allegedly ran to the upstairs of the residence to hide and refused to come out.  The Orleans County Special Response Team was activated and responded to the location.

After a brief stand-off Harden gave himself up to the S.R.T. and he was taken into custody.

Medina man says he intends to file lawsuit against county

ALBION – A higher court has dismissed the charges against a Medina man, siding with his claims that a special prosecutor was improperly appointed.

Dino Callara, 56, of Medina was convicted of a jury of grand larceny in the fourth degree and two counts of petit larceny on Feb. 22, 2022.

He served 24 months of incarceration in the county jail and state prison.

However, he contended the special prosecutor, Anthony Bruce, did not have jurisdiction in the case because Bruce does not live in the county or have an office in an adjacent county.

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department issued a decision on July 26, agreeing with Callara and his attorney, Kerry A. Conner, that the case should be dismissed.

Callara was in Orleans County Court this morning before Judge Sanford Church, who held off on dismissing the case today but said he would likely do so on Friday.

Conner said it is “routine” for county court judges to dismiss cases after decisions from the Fourth Judicial Department in favor of a dismissal.

Bruce spoke at court today and said he doesn’t agree with the Fourth Judicial Department decision. He asked Church to hold off on dismissing the indictment, with Bruce saying the decision was made “with prejudice.”

Church said it would be “double jeopardy” to bring the charges again after Callara’s case already went before a jury.

Bruce said he wanted more time to state his argument for objecting to the decision. Bruce, a long-time federal prosecutor, lives in Orchard Park and lists 39 Ellicott St. in Batavia as an office in Genesee County, which is contiguous to Orleans.

Callara said after court that he intends to sue the District Attorney’s Office and County Court for its handling of his case. His attorney tried to argue Bruce didn’t have jurisdiction because his office in Batavia wasn’t set up or being used at the time of Callara’s court case.

Conner, an attorney with the Legal Aid Bureau of Buffalo, said the defense should be the one to seek a stay to argue an appeal, not the prosecution.

“The Fourth Department’s decision is equivalent to an acquittal,” Conner said in court. “There is no reason not to dismiss.”

Judge Church acknowledged he hasn’t faced this issue yet as a judge, with a decision from the Fourth Judicial Department to dismiss the indictment. He said he will do more research and expects to dismiss the case in a written decision on Friday.

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

David Brege, 37, of Medina, was sentenced to five years in prison, the maximum sentence as part of a plea agreement.

Brege pleaded guilty to attempted criminal possession of a controlled substance in the third degree, criminal possession of a weapon in the third degree, and driving while ability impaired due to drugs.

Brege was charged in October after having cocaine, a rifle and knife concealed in a flashlight. He received 5 years in prison for the drug charge, 2 ½ to 5 years for the weapons charge and 364 days in jail for the DWAI. The sentences will be served concurrently or a maximum of 5 years.

Michael R. Bauer, 38, was sentenced to 2 to 4 years in state prison for third-degree burglary. Bauer admitted in court previously to entering the Plaza Liquor Store at 127A South Main St. on Aug. 20, 2023 without permission and with the intent to commit a crime.

Bauer, formerly of Albion, was charged after breaking into the Plaza Liquor Store, damaging the building and taking some of the merchandise. Albion police said there was approximately $2,000 damage to the building, and $336 in damage to alcohol bottles. About $90 worth of alcohol and cash also were stolen.

Bauer is a second-felony offender with a previous conviction of attempted burglary in the second degree for breaking into a convenience store in Medina in June 2014.

Bauer apologized today for the burglary at the liquor store. He said the crime was fueled by a drug addiction problem.

“I know what I did was wrong,” he told Judge Church. “I was badly into drugs.”

Three other people also pleaded guilty in court today.

• Edward Dunn, 38, of Middleport pleaded guilty to third-degree burglary and could face a maximum of 2 ½ to 5 years in prison when he is sentenced on Oct. 2. As part of a plea deal the maximum sentence was reduced from 3 ½ to 7 years in prison.

Dunn, who has been convicted of a previous felony, acknowledged he went to a laundromat in Lyndonville on March 13, and entered a room that is off limits to the public. Dunn said he broke into the room with the change machine to get that money, knowing it wasn’t open to the public.

• Joshua Smith of Byron pleaded guilty to third-degree burglary and second-degree menacing. Smith entered a Clarendon gas station and convenience store on April 30 even though he was told repeatedly to stay out of the building by the owner.

Smith entered with a crowbar and threatened to harm the owner of the business. Smith faces up to 6 months in the county jail and five years probation when he is sentenced on Oct. 2.

• Ronald Lindsey, 41, of Holley pleaded guilty to second-degree attempted assault and faces up to six months in the county jail and five years probation when he is sentenced on Oct. 2.

Lindsey admitted in court today t0 punching his wife several times in the face on April 19 and causing injuries.

Press Release, U.S. Attorney Trini E. Ross, Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that James White, 32, of Lockport, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and butryl fentanyl, was sentenced to serve 84 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Jeffrey E. Intravatola, who handled the case, stated that between March 2017 and March 2019, White conspired with Bruno Haney, II, and others, to sell heroin and butyryl fentanyl.

On March 24, 2017, White sold heroin that he received from Bruno to an individual identified as W.S. of Medina. Later that same day, W.S. was found dead after ingesting the heroin purchased from White. Text messages between White and W.S. on the evening of March 24, 2017, were recovered from W.S.’s cell phone. In the text messages, W.S. requested a “half bun” (5 doses) of heroin from White.

White was arrested on Jan. 22, 2019, by the Orleans County Major Felony Crime Task Force and charged with felony manslaughter in the second degree. While incarcerated at the Orleans County Jail, White made a phone call to an unknown individual, during which he stated, “they are trying to say that back in 2017 I caught a body.” White further stated that he got “him” (W.S.) half a bundle from Bruno.

The sentencing is the result of an investigation by the  Niagara County Drug Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti, the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Christopher Bourke, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division, and the Lockport Police Department, under the direction of Chief Steven Abbott. Additional assistance was provided by the Niagara County and Orleans County District Attorneys’ Offices.