county court

‘Violent’ burglar sentenced to 6 years

By Tom Rivers, Editor Posted 11 June 2013 at 12:00 am

ALBION – A Brockport man was sentenced on Monday to six years in state prison for possession of a weapon and attempted burglary.

Mitchell Hamlin, 21, was charged with third-degree attempted burglary after allegedly breaking into several cars in Clarendon on Aug. 9. A second felony offender, he was sentenced to four years in state prison for the burglary crimes.

His more serious crime allegedly occurred Feb. 22 when he was carrying a loaded handgun without a license. He was stopped in the town of Barre and had the gun in his pants. Orleans County Court Judge James Punch sentenced Hamlin to six years in prison for weapons charge, which runs concurrently with the attempted burglary sentence.

“Before you kill somebody I’m going to have to lock you up for a while,” Punch told Hamlin during the sentencing.

Hamlin has recently completed his GED. He said he wants to be a productive member of society.

“I’d like to apologize to the victims,” Hamlin told the court. “I realize what I did was wrong.”

Assistant District Attorney Susan Howard asked for a long sentence for Hamlin.

“It’s obvious, your honor, that’s he’s dangerous,” Howard told Punch. “He’s violent.”

Punch said Hamlin has a “toxic combination of crimes with drugs, weapons and other crimes, including this burglary.”

Arsonists get 5 years probation

By Tom Rivers, Editor Posted 10 June 2013 at 12:00 am

ALBION – Two Medina men were sentenced today to five years probation, 150 hours of community service and joint restitution for setting a house on fire last September.

Edward Schneider, 21, and Christopher Swan, 21, were charged with third-degree arson after a vacant house was set on fire last Sept. 12. The building at 11228 Ridge Rd. in the town of Ridgeway was owned by Schneider’s mother, Antoinette Schneider. She had insurance on the house.

The two also were charged with second-degree assault, a Class D Felony, because a firefighter was injured while fighting the fire.

“This was a foolish, bad decision you guys made,” Orleans County Court Judge James Punch said during the sentencing. “You could have killed someone by your actions.”

The two men are long-time friends. Punch ordered that they have no contact with each other. They also have to share a $484 restitution bill.

The judge told them to seek and maintain gainful employment. Their wages will be garnished until the restitution is paid.

Drunk driver, burglar both sentenced

By Tom Rivers, Editor Posted 20 May 2013 at 12:00 am

ALBION – A Carlton burglar and Albion woman with a history of drunk driving were both sentenced to either jail or prison today.

Kenneth Martin II, 24, of South Academy Street in Medina was sentenced to five years in state prison for second-degree burglary and petty larceny. Martin was charged after allegedly breaking into a Carlton home on Oct. 1 and stealing jewelry. He allegedly broke in the next day with an accomplice Joshua Gang, who stole guns from the house.

Martin has an earlier conviction – third-degree burglary on April 13, 2009.

“He has a horrible record,” County Court Judge James Punch said in court today.

District Attorney Joseph Cardone asked that Martin be required to pay back $10,639 to Erie Insurance and another $6,020 in damages that wasn’t covered by insurance.

Punch will determine if Martin pays all of that or if it’s split with Gang, who pled guilty to his role in the crime.

“You take no responsibility for what you do and you’re constantly blaming others,” Punch said before announcing Martin’s sentence.


The judge also sentenced Lisa Foggett, 53, of Oak Orchard Road in Albion to a year in county jail after her sixth alcohol-related driving charge. She pled guilty to misdemeanor driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

“You are an extremely dangerous criminal,” Punch told Foggett during her sentencing. “It’s a miracle you haven’t killed somebody.”

Rapist gets 3 ½ years in prison

By Tom Rivers, Editor Posted 15 April 2013 at 12:00 am

ALBION – A Medina man has been sentenced to 3 ½ years in state prison after having sex with a 16-year-old who was intoxicated.

Kawika Kamae, 27, was charged with first-degree rape, third-degree rape, acting in a manner to injure a child less than 17 years old and unlawful dealing with a child alcohol.

“Obviously, this is a serious crime,” Orleans County Court Judge James Punch said in court last week. “The circumstances are disturbing.”

Kamae apologized for the incident during his sentencing. The victim was six days shy of 17 when she was intoxicated Aug. 31, 2012, Kamae’s attorney said. Kamae’s wife had recently left him, and he exercised “poor judgment,” his attorney told the court.

The victim also has an order of protection against Kamae.


In other cases:

A Barre man could face 5 ½ years in state prison for allegedly assaulting a deputy during a domestic violence incident on Dec. 28. Charles Sheets, 49, has a prior felony charge of assaulting a police officer in Monroe County in 2004.

District Attorney Joseph Cardone last week first proposed a maximum of four years in state prison, but Punch said it should be 5 ½ years because of Sheets’ prior offense against a police officer.

Punch set $250,000 bail on Allen Young, whose attorney George Muscato requested bail of $5,000 to $10,000.

Young of Medina was arraigned in court last week. He has been charged with two counts of reckless endangerment after fleeing from police on Dec. 13 in Ridgeway.

Police discovered “an extremely powerful assault rifle” and stolen ATV at Young’s parents’ house after executing a search warrant, Cardone said. Young also has allegedly threatened to kill witnesses, Cardone said.

“Under the unusual circumstances, I’m going to keep bail at $250,000,” Punch said.

Sean Wheatle, 47, of Waterport will be sentenced to no more than 1 to 3 years in state prison for his second driving while intoxicated crime. Punch accepted that plea offer for Wheatle, who was charged with DWI in Medina on Nov. 17. He also had a DWI in 2008. He will be sentenced on June 3.

Robert Wyant Jr., 30, of Kent will be sentenced to no more than 3 years in state prison as part of a plea deal. He faced a maximum of 4 ½ years in state prison.

He was charged with criminal sale of a controlled substance in the fifth degree after allegedly possessing and selling drugs from the Family Dollar parking lot in Albion on Oct. 9, 2012. He will be sentenced June 3.