county court

Morris Taylor now charged with selling cocaine

By Tom Rivers, Editor Posted 11 February 2014 at 12:00 am

Taylor

ALBION – A former state track champion and football star from Albion, who already faced robbery and rape charges, now has been accused of selling cocaine.

Morris Taylor, 23, was arraigned on Monday on charges of third degree criminal possession of a controlled substance and third degree criminal sale of a controlled substance. He allegedly sold cocaine in the village of Albion on Sept. 4.

Taylor is in jail on $75,000 bail. Last Feb. 28, he allegedly was armed with a knife and robbed a pizza delivery person outside Mark’s Pizzeria in Albion. After the robbery, Taylor allegedly left the area with $300. Judge James Punch set May 7 as the start date for a trial for that case.

Taylor is represented by attorney Mark Foti of the Parrinello Law Firm in Rochester. Foti told Judge Punch the firm was hired first to represent Taylor for the robbery charge and hasn’t yet agreed to represent Taylor for the additional charges. Foti agreed in court to do so on a provisional basis.

Taylor on Dec. 2 was arraigned on first-degree rape and forcible compulsion rape. Those crimes allegedly occurred on Thanksgiving morning.

Man who sold drugs with mother is sentenced to 3 years in prison

By Tom Rivers, Editor Posted 11 February 2014 at 12:00 am

ALBION – An Albion man who admitted to selling drugs with his mother was sentenced to 3 years in state prison on Monday.

David Nichols, 28, on Dec. 16 pleaded guilty to criminal possession of a controlled substance in the fifth degree. Nichols admitted to trying to sell prescription narcotics that were rolled into cigarettes.

He faced 1 ½ to 4 years in state prison as a second-felony offender. Orleans County Court Judge James Punch gave Nichols 3 years.

Nichols has a prior charge of first-degree criminal contempt in Genesee County in November 2008 as well as other charges when he was granted youthful offender.

He was represented by the public defender’s office, which said in court that Nichols was left to “fend for himself” in ninth grade when he was mother was sentenced to prison. Nichols quit school in ninth grade and tried to support himself.

Judge Punch said Nichols had several opportunities through probation to avoid crime but he “failed miserably.” The judge said Nichols capitalized on the misery of others by “spreading synthetic narcotics.”

His mother and brother also await sentencing. Theresa S. Nichols, 51, has pleaded guilty in Orleans County Court to selling hydrocodone and other prescription narcotics.

She could face up to four years in state prison after she pleaded guilty to attempted criminal sale of a controlled substance in the third degree. She will be sentenced on Feb. 24. She admitted in court to selling hydrocodone to an undercover police officer.

She also faces a charge of felony welfare fraud in the third degree.

Her son Josh Nichols, 26, will be sentenced on March 24. He could face up to 2 ½ in state prison after pleading guilty to criminal possession of a controlled substance in the fifth degree.

Bail set at $75K for Albion man facing robbery and burglary charges

By Tom Rivers, Editor Posted 11 February 2014 at 12:00 am

ALBION – An Albion man was arraigned on robbery and burglary charges on Monday, when Orleans County Court Judge James Punch set bail at $75,000.

Kyle Depoty, 23, of Albion faces 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 faces probation violation charges.


In other cases in county court:

An 18-year-old Murray man was arraigned for disseminating indecent material to a minor. Damien Jost of Ridge Road was remanded to jail on $2,500 bail.

He 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 12 years old that he was messaging on-line. Jost also allegedly sent the 12-year-old images of him having sex with his girlfriend.

Jost will be represented by the public defender’s office. Judge James Punch issued an order of protection for the 12-year-old.

Tricia Stoller, 29, of Groth Road in Holley pleaded guilty to fourth-degree grand larceny and fifth-degree criminal possession of stolen property. She faces a maximum sentence of 1 to 3 years in state prison when she is sentenced on May 12.

Stoller told Judge Punch that she stole a credit card on Sept. 27, 2012 from her sister-in-law and used the card. Stoller also admitted in court to having stolen coins and currency from a Murray residence. She said she planned to sell them at a pawn shop.

A Rochester man admitted to selling cocaine at 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.

Burroughs, a first-time offender, will be sentenced to no more than six months in jail as part of a plea deal. He will be sentenced May 19.

A Brockport woman admitted to helping sell cocaine in Albion on Oct. 6. Brigitte Lutsch, 20, allegedly drove a drug dealer to Albion. She said she was aware cocaine was in her vehicle and that the drug was to be sold.

She has been charged with criminal possession of a controlled substance in the fifth degree, a charge that carries a maximum sentence of 2 ½ years in state prison. She has been accepted into drug court. If she completes the program, which usually takes about a year, the charge will be reduced to a misdemeanor.

An Albion man also was accepted into drug court. Jeffrey Starkweather, 51, admitted he had a prescription narcotic that wasn’t prescribed to him on Aug. 1, 2013.

A first-time offender, he pleaded guilty to criminal possession of a controlled substance in the seventh degree. The charge carries a maximum sentence of a year in county jail. The charge will be dismissed if he completes drug court.

A former Orleans County resident was arraigned for third-degree welfare fraud. Otis Hardy was allegedly living in Florida while collecting local welfare benefits. He is in jail on $5,000 bail.

Pastor ordered to avoid church due to presence of children

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

Roy Harriger pleads not guilty to sex abuse charges

Harriger

The pastor of the Community Fellowship Church in the town of Hartland was told to stay away from church and any other locations where there are children 18 or younger.

Orleans County Court Judge James Punch made that stipulation on Roy Harriger today. Harriger, pastor of the Community Fellowship Church, faces six counts of sex abuse charges. He was arraigned in county court this afternoon and pleaded not guilty.

He asked through his attorney, Larry Koss of Brockport, to be permitted to attend church. But Punch said Harriger needs to stay away from church and any homes with children. He also must not email and have any communications with children.

“There will be no exceptions,” Punch said at the arraignment.

Harriger was arraigned on three counts of coarse sexual contact in the first degree and three counts of incest. He was first arraigned in the Yates Town Court on Nov. 27 after being charged by the state police. He posted $250,000 bail. Punch kept the bail at $250,000.

He also ordered Harriger to surrender all of his guns after the request was made by District Attorney Joe Cardone. Harriger has already surrendered one gun but Cardone said he believes Harriger has others, and Cardone wants them turned over.

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.

Harriger, 70, of Middleport was the pastor at Ashwood Wesleyan for 12 years before he was terminated by the church in 2009 after a falling out with denomination leaders. Harriger then started a new church, Community Fellowship Church in Johnson Creek, which is in Niagara County.

A state police investigation revealed the alleged crimes were perpetrated in New York, as well as the states of Michigan and Pennsylvania between 1974 and 2003. The alleged incidents in Michigan and Pennsylvania have been referred to their respective State Police agencies, New York State Police said.

Cardone is prosecuting the charges against Harriger in Orleans County. Cardone said he had no comment if charges will be pursued in the other states.

Harriger is next scheduled to appear in court on Feb. 24.

Pastor indicted for sex crimes against children

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

Harriger

A pastor who used to lead a church in Lyndonville has been indicted by an Orleans County grand jury on charges of incest, first-degree sodomy and course of sexual conduct against three children.

The Rev. Roy Harriger, currently pastor of the Community Fellowship Church in the town of Hartland in Niagara County, allegedly committed the crimes between September 2000 and September 2001, when he was pastor of the Ashwood Wesleyan Church in Lyndonville.

Harriger, 70, of Middleport was charged on Nov. 27 by the State Police with two counts of Course of Sexual Conduct (B Felony), two counts of Incest (E Felony), and four counts of Sodomy 1st (B Felony).

A state police investigation revealed the alleged crimes were perpetrated in New York, as well as the states of Michigan and Pennsylvania between 1974 and 2003. The alleged incidents in Michigan and Pennsylvania have been referred to their respective State Police agencies, New York State Police said.

Orleans County District Attorney Joseph Cardone is prosecuting the charges against Harriger, who was the pastor at Ashwood Wesleyan for 12 years before he was terminated by the church in 2009 after a falling out with denomination leaders. Harriger then started a new church, Community Fellowship Church in Johnson Creek, which is in Niagara County.

Former Albion resident could get 9 years for cocaine possession

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

ALBION – A former resident of West Park Street in Albion could be sentenced to up to 9 years in state prison after he pleaded guilty to criminal possession of a controlled substance in the third and fifth degrees.

Tyriek Johnson, 26, now lives in Fairport. He said in Orleans County Court on Monday that he was trying to sell cocaine in Albion on March 14, 2013. He said he was driving on Platt and Ingersoll streets, looking to sell the drug.

He is a first-time felony offender. He will be sentenced on April 28.


In other drug cases in county court on Monday:

Tracey Stratton, 51, of Vermont pleaded guilty to criminal possession of a controlled substance in the fifth degree, a charge that carries a maximum of 2.5 years in state prison.

As part of a plea deal, she will face up to a year in jail. She will be sentenced on April 7.

Stratton was charged after she mailed a controlled substance, the drug buprenorphine, to her son, who was an inmate at the Orleans Correctional Facility. She mailed the drug on Dec. 20, 2012.

Stratton was initially charged with promoting prison contraband in the first degree and criminal sale of a controlled substance in the fourth degree.

Her son Jason Seifert, 28, pleaded guilty last week to promoting prison contraband when he received the controlled substance from his mother. Seifert could face another year in jail, plus three years probation when he is sentenced on April 7.

Two men were arraigned for criminal sale of marijuana in the third degree. Christopher Hoste, 33, of Bishop Road in Appleton and Michael Nellist, 35, of East Center Street in Medina both face four counts of criminal sale of marijuana.

The sales allegedly took place in Ridgeway on May 20, July 3, October 23 and October 30.

Rudolfo Juarez-Ramerez, 30, of 17255 Lakeshore Rd., Kendall, pleaded guilty to criminal possession of a controlled substance in the fifth degree. He will be sentenced to up to a year in jail on March 31.

Juarez-Ramerez admitted he sold cocaine and received $80 for the transaction. He was charged in June after a multi-agency law enforcement effort resulted in 13 local arrests for drug and immigration crimes.

Man who stole kayak could get up to 7 years in state prison

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

MEDINA – A Medina man who let in a friend’s loose dog and then stole a kayak could be sentenced to 3 ½ to 7 years in state prison.

Brandon Taylor, 33, of Fletcher Chapel Road pleaded guilty to third-degree burglary in Orleans County Court on Monday.

He is second felony offender. He will be sentenced on April 14.

Taylor said he was in drug and alcohol withdrawal on Nov. 6, when he saw his friend’s dog running loose. He returned the dog to a house on Portage Road and discovered an enclosed porch was unlocked. He admitted in court to taking a kayak from the porch. He said he knew he was stealing.

Judge James Punch is keeping bail at $25,000 for Taylor. He also approved a request from the District Attorney’s Office for an order of protection for the victim of the crime.


In other cases on Monday:

Judge Punch set bail at $100,000 for an Albion man who allegedly repeatedly violated orders of protection.

Brian Beach, 42, of West Park Street has two prior felonies. He has been charged with aggravated criminal contempt.

A Batavia man who was banned from Wal-Mart but then allegedly stole from the store in Albion was arraigned for third-degree burglary and petty larceny.

Jason Lang, 33, of Liberty Street in Batavia allegedly stole two coffee machines and a blender from the Albion store on Nov. 20. Because he was banned from Wal-Mart, he faces a charge of burglary.

An Albion man pleaded guilty to driving while intoxicated and could face up to six months in jail when he is sentenced April 28.

Josh Porter, 40, of East Park Street was charged with DWI after being stopped on Sept. 7 on East Center Street in Medina. He registered a 0.13 percent blood alcohol content, above the legal limit of 0.8 percent.

He has a prior DWI from Oct. 27, 2011 in Lockport. If he receives a sentence of more than six months in jail, he can withdraw his plea.

Botello pleads guilty to attempted murder of trooper

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

Kendall man faces maximum of 9 years in prison

Botello

ALBION – A Kendall resident could face a maximum of nine years in state prison after he pleaded guilty today to attempted murder in the second degree.

Carlos Botello, 42, said in Orleans County Court today that he backed a car towards state trooper Dan Metz and smashed into the trooper’s patrol car on Sept. 3. But Botello said he wasn’t trying to injure Metz, who jumped out of the way and wasn’t hit by the car.

Botello said he was intoxicated at the time. He said he was trying to smash into the police car, but he insisted he didn’t want to hurt Metz.

However, Metz testified in a hearing last week that he and Botello made eye contact when Metz was standing behind Botello’s vehicle. Botello then accelerated, nearly pinning Metz between the two vehicles, Judge James Punch said in court this afternoon.

Botello’s blood alcohol content was 0.11 percent, which is above the 0.8 BAC threshold for DWI, but not “highly intoxicated” to the point where he didn’t know what he was doing, District Attorney Joe Cardone said.

Metz’s patrol car also was 25 to 30 feet behind Botello, and Botello accelerated and continued until he hit the patrol car.

“The defendant had plenty of opportunity to stop,” Cardone said in court.

Botello could face a maximum of 25 years for second-degree attempted murder. He could face a life sentence as a persistent violent felon.

Rather than risk a longer sentence with a guilty verdict at a trial, Botello said he is pleading guilty with the stipulation he not spend more than 9 years in state prison. Judge Punch will sentence Botello on April 14. If the sentence is longer than 9 years, Botello can withdraw the plea.

Botello also pleaded guilty to drunk driving. He faces a year maximum sentence for that and the sentence will run concurrently. It won’t be added to the other one.

As part of the plea deal, Punch could order Botello to pay restitution for the damaged car, pay a fine, have his license revoked and install an interlock ignition device, as well as attend a victim impact panel.

Medina woman, 27, could get 7 years in prison for selling stolen guns

By Tom Rivers, Editor Posted 29 January 2014 at 12:00 am

ALBION – A Medina woman pleaded guilty in Orleans County Court on Monday to third-degree criminal sale of a firearm.

Rebecca Bischoff, 27, could get sentenced to a maximum of 2 1/3 to 7 years in state prison when she is sentenced by Judge James Punch on March 31. She could also receive a lesser sentence.

She told Judge Punch she sold a stolen revolver from her boyfriend Christopher Hollenbeck, 27. She told the judge she knew it was stolen and sold it to someone in Medina. The revolver has since been recovered.

Bischoff  and Hollenbeck were arrested after an investigation into a June 13 burglary of a Mill Road home in Ridgeway. Bischoff waited in the car while Hollenbeck entered the house and stole nine guns.

Hollenbeck pleaded guilty on Jan. 13 and also will be sentenced on March 31. He faces a maximum 2 1/3 to 7 years in state prison. He said he broke into the house using a credit card, took nine guns and defaced them. Bischoff drove him to the site and allegedly helped him sell the defaced guns.


In other cases in county court:

A Medina man pleaded guilty to misdemeanor driving while intoxicated and felony aggravated unlicensed operation of a motor vehicle. Milton Hinkley III, 41, of Glenwood Avenue was charged with DWI and AUO after he was stopped on May 18, 2013 on Glenwood Avenue.

Hinkley, has a prior DWI in 1999, District Attorney Joe Cardone said. Hinkley could receive a maximum of four years in state prison or he could receive a lesser sentence. Judge Punch will sentence Hinkley on March 31.


Two Medina men were offered plea deals that would put them in state prison for a maximum of five years.

Lorenzo Poole, 30, of Dresser Road and Jason Wills, 28, of Church Street both have been charged with second-degree assault, which carries a maximum sentence of seven years in state prison.

The two were charged after an Oct. 27, 2013 incident at the parking lot of the Walsh Hotel in Medina when they each allegedly hit a man in the head with a beer bottle, causing a gash to the forehead and a broken nose.

Poole has four prior drug convictions, Cardone said, and Wills has a prior conviction.


An inmate at Orleans Correctional facility pleaded guilty to promoting prison contraband when he received a controlled substance, the drug buprenorphine, in the mail from his mother.

Jason Seifert, 28, has been at the Orleans Correctional Facility in Albion since April 23, 2010. He was sent to prison after being convicted of criminal possession of a controlled substance in the third degree.

On Dec. 20, 2012, he received buprenorphine in the mail under the postage stamp. He didn’t have a prescription for the drug and he knew it was against the prison rules to have it, he told Judge Punch.

Seifert could face another year in jail, plus three years probation when he is sentenced on April 7.

His mother, Tracey Stratton, 51, of Vermont, has been charged with promoting prison contraband in the first degree and criminal sale of a controlled substance in the fourth degree. Her case is pending.


A state Canal Corporation worker accused of stealing $5,700 worth of metal from the Canal Corp.’s Albion maintenance facility was offered a reduced charge if he pleaded guilty to fourth-degree grand larceny and paid restitution.

Bruce Rotoli, 55, of Albion has been charged with third-degree grand larceny and third-degree criminal possession of stolen property. He was arrested in May following a four-month investigation by state police, Village of Albion police and the Thruway Authority, which runs the canal system.

Police say that Rotoli in the fall of 2012 removed bronze bushing material from the Albion maintenance facility. Rotoli is currently on disability.

The DA’s office has video from various scrap yards of Rotoli selling the stolen property, Assistant DA Susan Howard said in court on Monday. Rotoli’s case was adjourned.


An Oakfield woman pleaded guilty to two counts of drug possession. Serena L. Weber, 28, avoided jail and will enter Drug Court. She pleaded guilty to fifth-and-seventh-degree criminal possession of a controlled substance.

Botello rejects plea offer for attempted murder of trooper

By Tom Rivers, Editor Posted 28 January 2014 at 12:00 am

Botello

ALBION – A Kendall resident accused of trying to kill a state trooper rejected a plea offer in court on Monday that would have capped the prison sentence at 15 years.

Carlos Botello, 42, is accused of attempted murder of a state trooper following a traffic stop on Sept. 3. Botello was stopped by Trooper Dan Metz. Botello, who also has been charged with driving while intoxicated, allegedly attempted to back over the trooper. Metz avoided being struck, but Borello smashed into a state police vehicle.

Botello then fled the scene by vehicle. Metz pursued him until Botello entered a farmer’s field and became disabled, police reported.

District Attorney Joe Cardone presented a plea offer to Botello in county court on Monday. If Botello pleads guilty to attempted murder in the second degree as well as the DWI he would face a maximum sentence of up to 15 years, according to the offer from Cardone.

But Botello, with his attorney Nathan Pace from the Public Defender’s office, rejected that in court. Judge James Punch then set a date for the trial. A jury will be selected on April 1 and the trial is scheduled to start on April 2.

Botello in recent court appearances had asked that Punch recuse himself from the case due to his past with Botello when Punch was both county court judge and district attorney. Botello on Monday said he is withdrawing his request that Punch recuse himself.

Botello remains in the county jail on $2.5 million bail.

Prison for Holley man who stole and buried construction equipment

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

ALBION – A Holley man who pleaded guilty in November to criminal possession of stolen property and insurance fraud was sentenced to one to three years in state prison today, despite a request for probation from his attorney.

Jeffrey Paul, 40, apologized for his actions, when he teamed with his father David Paul to allegedly steal two backhoes, a box truck and a car. They admitted to burying some of it on David Paul’s property on the Monroe-Orleans Countyline Road.

Although he said he was influenced by his father to commit the crimes, “I have nobody to blame but myself,” Jeffrey Paul said at his sentencing.

His father was sentenced to a year in jail in January 2013. Jeffrey Paul’s case was delayed after he was sent to a psychiatric facility, which postponed his trial. He also switched attorneys before the trial was due to start. He pleaded guilty in November.

“I’ve never been more ashamed or embarrassed in my life,” Paul said in court today. “I haven’t been able to hold my head up high.”

He apologized for letting down his wife and two “wonderful stepchildren.”

Paul was treated for lung cancer after he was arrested. His attorney Larry Koss said an MRI has shown a new mass. He asked Judge James Punch to let Paul avoid prison and instead serve probation. Paul wants to try an experimental treatment.

District Attorney Joe Cardone sought incarceration for Paul.

Punch said Paul has convictions for crimes dating over two decades, “a long history involving fraud, theft, deception and lying.” To avoid prison would be “irresponsible,” Punch said.

He sentenced Paul to state prison, and ordered him to pay $41,650 in restitution. He gave Paul four years to pay that off. If it’s not paid, Paul could have another year added to his sentence, Punch said.

“You’ve clearly worked your way up to state prison with this one,” Punch said.

Former Medina hospital payroll clerk pleads guilty to $500K theft

Posted 16 January 2014 at 12:00 am

Press release, U.S. Attorney William Hochul

BUFFALO – Linda Rakonczay, 58, of Middleport, pleaded guilty to wire fraud and filing false tax returns on Wednesday. She appeared before Chief U.S. District Judge William M. Skretny. The charges carry a maximum sentence of 20 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant worked as a payroll coordinator for Orleans Community Health in Medina.

Beginning in 2001 and continuing through 2012, Rakonczay prepared and submitted reports to the organization’s bank instructing the bank to electronically transfer money from the corporate bank account to her personal bank account.

The amount transferred from the organization’s bank account to the defendant’s account totaled $499,563.00. For tax years 2007 through 2012, Rakonczay failed to report such income and failed to pay federal taxes to the Internal Revenue Service totaling nearly $94,000.00.

The conviction is the result of an investigation on the part of Special Agents of Federal Bureau of Investigation under the direction of Special Agent-In-Charge Brian P. Boetig and the Internal Revenue Service, Criminal Investigations Division, under the direction of Toni M. Weirauch, Special Agent in Charge.

Sentencing is scheduled for May 5 before Chief Judge Skretny.

Medina man could get state prison for burglary, defacing guns

By Tom Rivers, Editor Posted 13 January 2014 at 12:00 am

ALBION A Medina man pleaded guilty to breaking into a house on Mill Road in Ridgeway on June 13, and taking guns and defacing them.

Christopher Hollenbeck, 27, could be sentenced to 2 to 7 years in state prison for the crimes. Orleans County Court James Punch could decide a lesser sentence of jail and probation. Hollenbeck will be sentenced March 31.

He has no prior record. Punch reduced the bail from $100,000 to $10,000 at Hollenbeck’s attorney’s request. Shirley Gorman, Hollenbeck’s lawyer, said Hollenbeck helped police locate the guns and has been cooperative.

Hollenbeck told the judge he used a credit card to break into the Mill Road home. His girlfriend Rebecca Bischoff, 26, of Medina drove him to the site and allegedly helped him sell the defaced guns. Her case is going through the court system. She faces four counts of criminal possession of stolen property in the fourth degree and two counts of criminal sale of a firearm in the second degree.

Hollenbeck pleaded guilty today to second-degree attempted burglary and third-degree criminal possession of a weapon.

He faced 24 counts, including burglary, grand larceny, defacing weapons, criminal possession of stolen property and criminal sale of a firearm.

He is accused of taking nine guns, including several hand guns. He admitted in court today he took a .45 Glock pistol and scratched off the serial numbers so he could hide the theft.

Man admits selling drugs with mother

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

ALBION – A 26-year-old man pleaded guilty in Orleans County Court to helping his mother sell hydrocodone and acetaminophen, a narcotics combination.

Josh Nichols could face up to 2 ½ years in state prison after pleading guilty on Monday to criminal possession of a controlled substance in the fifth degree. The judge may decide against state prison and could sentence Nichols to up to a year in the county jail or a lesser sentence.

Judge James Punch will sentence Nichols on March 24 at 2 p.m.

Nichols told the judge he collected money for the hydrocodone combination for his mother, Theresa Nichols. Her son had the drugs on a porch in Albion at 209 North Main St. and directed the buyer to the product.

Theresa Nichols last month pleaded guilty to attempted criminal sale of a controlled substance in the third degree. Nichols, 51, could face up to four years in state prison for selling hydrocodone and other prescription narcotics. She will be sentenced on Feb. 24.

Another one of her sons, David Nichols, also pleaded guilty on Dec. 16 to criminal possession of a controlled substance in the fifth degree. Nichols, 28, admitted to trying to sell prescription narcotics that were rolled into cigarettes.

He could face 1 ½ to 4 years in state prison as a second-felony offender. He will be sentenced on Feb. 10.


In other cases in County Court:

• Kenneth Vanduzer, 25, of Rochester pleaded guilty to petty larceny. He was originally charged with third-degree grand larceny after he took his truck from Orleans Ford in Medina following $11,000 in repairs he didn’t pay for in November 2012.

The charge was reduced after Vanduzer paid restitution. He has no prior criminal history.

• Syed Baity, 19, of 221 Commercial St. in Medina was sentenced to 1 to 3 years in state prison after he violated probation in June 2013.

Baity and two other teen-agers were in a stolen vehicle when they were involved in a high-speed chase in Batavia with city police. Baity was charged with fourth-degree criminal possession of stolen property, second-degree obstructing governmental administration and unlawful possession of marijuana.

Judge Punch recommended shock camp for Baity’s incarceration.

• Alexander Gelo, 22, of Brockport pleaded guilty to criminal possession of a controlled substance in the fifth degree. He could be sentenced to up to six months in jail and five years probation for selling cocaine in Murray on Dec. 1, 2012. He will be sentenced on March 24.

• Jorge Villanueva-Ledesma, 34, of Zig Zag Road pleaded guilty to criminal possession of a controlled substance in the fifth degree. He was among 13 people arrested on various drug and immigration charges in June after an eight-month, multi-agency investigation into the sale of drugs in the Albion area.

Villanueva-Ledesma could be sentenced to up to 2 ½ years in state prison on March 24.

Publio Barcenas, 52, of Zig Zag Road also was charged in that investigation. He pleaded guilty on Monday to seventh-degree criminal possession of a controlled substance and could be sentenced to up to a year in jail.

Buehler, ‘an extremely evil person,’ sentenced to 15 years in state prison

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

Kendall man shot wife and set house on fire

ALBION – A Kendall man who shot his wife and set his house on fire was sentenced to 15 years in state prison today for second-degree attempted murder and third-degree arson.

Dennis Buehler, 64, is a sociopath who is profoundly self-centered, Orleans County Court Judge James Punch said during sentencing.

“You are an extremely evil person,” Punch told Buehler.

Buehler declined to speak during the sentencing. In court on Nov. 18, he said he shot his wife Linda with a shotgun on March 4.

“Your intent was to kill her?” Punch asked Buehler in court that day.

“Absolutely,” he replied.

After she was shot in the shoulder, Mrs. Buehler then fled the house, which Buehler then set on fire with propane. The house at 923 Peter Smith Rd. was destroyed by the blaze.

Buehler has told his attorney, public defender Sanford Church, that Mrs. Buehler psychologically abused him. Church said that in court today, but said Buehler chose not to use self defense for the crime.

District Attorney Joe Cardone said Buehler has shown no remorse for his criminal actions.

“This is a very violent individual,” Cardone said in court today. “This is a very self-centered individual.”

The DA said Buehler has “shown nothing but arrogance” through the whole court process.

“I frankly believe if given the opportunity he would do it again,” Cardone told the judge.

Buehler was sentenced to 15 years in state prison for second-degree attempted murder and five to 15 years for third-degree arson. The sentences will run concurrently, the length of the longest sentence.

“It’s frustrating I can’t sentence you to more,” Punch said.