county court

4 arraigned in county court for attempted gang assault

By Tom Rivers, Editor Posted 23 May 2016 at 12:00 am

ALBION – Four people were arraigned in Orleans County Court today for second-degree attempted gang assault.The four allegedly attacked a person on April 5 on Beaver Street in Albion, kicking and punching the victim.

Christopher Rivers, 19, of Sandy Creek Apartments was among the alleged perpetrators. He was to be sentenced today for criminal possession of a firearm and could have faced up to a year in jail. But that sentencing was put off because of the latest charge.

Judge James Punch also increased the bail for Rivers from $100,000 to $150,000. Matthew Parrinello, attorney for Rivers, asked that the bail be reduced to $20,000, which is where it was before the latest charge, which was initially disorderly conduct but was upgraded to attempted gang assault. Parrinello said Rivers had very little criminal activity prior to the two recent charges.

District Attorney Joe Cardone said the latest alleged crime happened while Rivers was out of jail awaiting sentencing on the weapons charge. Cardone asked that bail not be reduced.

“Things are getting worse, not better,” Punch said in raising the bail.

Three other Albion men were arraigned today for second-degree attempted gang assault. They include:

Ashay S. Gaffney, 22, of Crimson Heights. The judge set bail at $20,000.

Sharoz R. Haywood, 19, of Lyndun Drive Extension. The judge set bail at $20,000.

Jasper D. Lloyd, 22, of Lydun Drive Extension. He said he is hiring a private attorney and will be fully arraigned on Friday with his lawyer.

Gaines man, 66, faces weapons charges

Staff Reports Posted 23 May 2016 at 12:00 am

John P. Klotzbach

ALBION – A Gaines resident has been arrested for conspiracy and weapons charges after an investigation regarding the illegal purchase of a gun by a third party, also known as a “Straw Purchase,” at a local gun shop in the Village of Albion, the Orleans County Major Felony Crime Task Force is reporting.

John P. Klotzbach, 66, of 13563 Ridge Rd., was charged on May 20 following an investigation by the Task Force, the U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Orleans County Sheriff’s Office.

Klotzbach allegedly attempted to purchase a shotgun and refused to complete the required ATF form 4473 for the federal background check and was subsequently denied the purchase.

Several days later, a female acquaintance allegedly went into the gun store and wanted to purchase the same gun that Mr. Klotzbach attempted to buy. The gun store owner became suspicious when he noticed the woman was riding in the same vehicle as Klotzbach, as well as attempting to purchase the same gun that Klotzbach wanted. The store owner then contacted law enforcement authorities.

While taking Klotzbach into custody at his Ridge Road home, deputies found him to be in possession of a loaded sawed-off shotgun, the Task Force reported.

Klotzbach was charged with one count of criminal possession of a weapon in the third degree, a Class D felony, and one count of conspiracy in the fifth degree, a misdemeanor.

He was arraigned in the Shelby Town Court by Town Justice Dawn Keppler, who remanded him to the county jail on $10,000 bail. He is to appear in Gaines Town Court on May 25 at 3 p.m.

The investigation is ongoing and further arrests and charges are pending, the Task Force reported. Klotzbach could also face federal charges.

2 Medina men face drug charges

Staff Reports Posted 23 May 2016 at 12:00 am

Thompson

MEDINA – Two Medina men face drug charges following an investigation into the sale and distribution of crack cocaine and Suboxone in the Village of Medina, the Orleans County Major Felony Crime Task Force is reporting today.

The arrests were made after a pair of sealed indictments were handed up from the Orleans County Grand Jury. On May 17 and May 18, the two men were arrested by the Orleans County Sheriff’s Office.

 

The following were charged:

Jones

Michael D. Thompson, 49, of 525 West Ave., Apt. 7. He was charged with three counts each of criminal sale and criminal possession of a controlled substance in the third degree, which are Class B felonies.

Robert D. Jones, 25, of 515 West Ave., Apt. 1A. He was charged with one count each of criminal sale and criminal possession of a controlled substance in the fifth degree, which are Class D felonies.

Both Thompson and Jones were arraigned in Orleans County Curt by Judge James Punch. Thompson was committed to Orleans County Jail on $15,000 bail. Jones was remanded to jail on $5,000 bail. Both are due back in County Court today at 2 p.m.

Further arrests and charges are pending in this investigation, the Task Force reported.

Medina man sentenced to 6 months in jail for burglary

By Tom Rivers, Editor Posted 23 May 2016 at 12:00 am

ALBION – A Medina man was sentenced to six months in Orleans County Jail today after he pleaded guilty on March 14 to attempted burglary in the second degree.

Michael Santoro, 23, of Gwinn Street could have faced a state prison sentence. Santoro has been off drugs for 9 ½ months, been committed to a drug treatment program and has a full-time job. He has turned his life around, he told Judge James Punch during sentencing this afternoon.

“I’m not the same boy who committed the crime,” Santoro said.

He admitted in March to breaking into a house in Ridgeway between April 26 and May 1, 2015, and taking jewelry and other items. He was ordered today to pay $5,018 in restitution to the victims in the crime, and $2,500 to State Farm Insurance. He is to begin paying over three years when he gets out of jail.

Santoro’s attorney, Nathan Pace, asked for no jail time for Santoro, given his recovery and new direction, as well as no prior felonies.

“He was in such a mess, but he has gotten himself clean,” Pace told the judge.

But Punch said some jail time was necessary given the severity of the crime as a home invasion.

Punch told Santoro he needs to be vigilant in staying away from drugs.

“Nine and half months is a good start, but that’s all it is,” Punch told Santoro. “These are powerful addictions that you will have to work on for years and years to come.”

Burglar is sentenced to 2 to 4 years in prison

By Tom Rivers, Editor Posted 17 May 2016 at 12:00 am

ALBION – A man who broke into a convenience store in Medina last year and stole $350 was sentenced to 2 to 4 years in state prison on Monday.

Gregory Thompson, 48, of Medina was ordered to pay restitution, and Judge James Punch also issued an order of protection for the owner of the Stop N Shop on East Center Street.

Thompson has a lengthy criminal history. He apologized for the crime in court on Monday.

“He does have a long history of substance abuse,” said his attorney, Dominic Saraceno. “It has affected and it has been a contributing factor in his criminal conduct.”

Thompson requested he be sentenced to the Willard Drug Treatment Center in the state prison system. Thompson has spent the past nine months in the county jail, and he said he has used that time to reflect on his life and commit to a new way of living.

“I’m just trying to put myself back on track,” he told Punch. “I do need help.”

Punch said he has sentenced Thompson several times before, and Thompson was often “an angry, difficult defendant.” But the judge said he was willing to give Thompson a chance at Willard. If Thompson was unsuccessful there, he would complete his sentence in a regular state prison, Punch said.

“Your record is horrible, but this is your first time admitting fault,” Punch said. “I hope you get some help.”

In another case in County Court, a Rochester man pleaded guilty to selling cocaine to an undercover informant from Orleans County.

Alexander J. DeHoyos, 34, will face a maximum of 4 years in state prison. He admitted to selling the cocaine on May 19, 2015. He will be sentenced on Aug. 22 for attempted criminal sale of a controlled substance in the third degree.

DeHoyos was admitted to the Elmira Correctional Facility in March after being sentenced in Monroe County for second-degree assault.

Kendall man could face federal prosecution for child pornography

Staff Reports Posted 12 May 2016 at 12:00 am

David P. Perry Sr.

KENDALL – A Kendall man, who was arrested in March on multiple charges related to sexual abuse and endangering the welfare of five girls ranging in age from 13 to 15, could now face federal charges for child pornography, the Orleans County Sheriff’s Office is reporting today.

David P. Perry Sr., 67, of Norway Road was arrested on March 9 with four counts of endangering the welfare of a child, one count of criminal sexual act in the third degree, and one count of sexual abuse in the third degree.

Perry allegedly forced juvenile victims to smoke marijuana and drink alcoholic wine and vodka over several months in 2015. At times, the victims would reportedly consume these substances to the point of becoming impaired and intoxicated, Undersheriff Chris Bourke said.

Perry would allegedly make them undress, then he would perform various criminal sexual acts and sexual abuse. It is also alleged that Perry would force the victims to pose for pictures while undressed or partially dressed.

The initial allegations resulted in a search warrant that was executed in January 2016. A computer and portable hard drive were submitted to the Western New York Regional Computer Forensics Laboratory in Buffalo N.Y. for analysis, Bourke said today.

Upon receiving the report and analysis from WNYRCFL, and consultation with Orleans County District Attorney Joseph Cardone, Perry was arrested today and charged with 15 counts of possession of an obscene sexual performance by a child less than 16 years old.

Perry was arraigned by Town of Murray Justice Ted Spada, who set bail at $250,000 cash/bond.

Approximately 15,000 images of suspected child pornography were found on Perry’s devices that were submitted for analysis. Many of the images found were children between the ages of 2 and 9 years of age, Bourke said.

In addition to the charges in Orleans County, Bourke said that Sheriff’s investigators and The Orleans County District Attorney’s office will be working with the Federal Bureau of Investigation and the U.S. Attorney’s Office in Buffalo for possible federal prosecution as well.

Investigator Shannon Brett was assisted in this investigation by Investigator Ken Strickland of the Sheriff’s Office.

Perry is scheduled to return to the Town Of Kendall Court on May 16 at 5:30 p.m.

Hilton woman allegedly assaults 2 Orleans deputies

Staff Reports Posted 10 May 2016 at 12:00 am

MURRAY – A Hilton woman allegedly assaulted two Orleans County deputies on Sunday, the Orleans County Sheriff’s Office said today.

Sara J. Harris, 34, of Hilton allegedly “head butted” Deputy Josh Narburgh in the face, causing a cut and swelling, and bit down on Deputy Devon Pahuta’s arm, breaking the skin, Undersheriff Chris Bourke said today.

Harris faces multiple charges following the incident in the Town of Murray. Deputies responded to a call at 6:20 a.m. on Sunday, when the 911 center received a frantic call for help from a residence located on Route 31 in Murray.

Deputies arrived and a man in the residence stated that his girlfriend was intoxicated, and had left the house following an altercation. It was also reported that she had an 8-year-old child with her and was bleeding from the leg.

As deputies were arriving in the area, Deputy Narburgh located Harris walking along Route 31. Narburgh reported that Harris then ran into a wooded area pulling and dragging the 8-year-child. Narburgh located Harris in a field.

Harris then allegedly physically resisted being handcuffed and did become disorderly, using profane and racially charged language towards deputies, Bourke said.

While in the patrol vehicle, Harris attempted to kick the windows out and banged her head on the partition. While being transported to Strong Memorial Hospital for an evaluation, Harris allegedly became so out of control that an ambulance was called for her safety. While transferring Harris from the patrol vehicle to the ambulance, Harris allegedly was screaming, kicking and spitting on deputies.

She allegedly “head butted” Narburgh in the face and bit Deputy Pahuta’s arm. Deputy Martin Stirk also assisted at the scene. The deputies were treated for their injuries and released.

Harris on Monday was charged with disorderly conduct, endangering the welfare of a child, obstructing governmental administration, two counts of resisting arrest, and two counts of second degree assault on a police officer.

Harris was arraigned by Town of Murray Justice Gary Passarell. Bail was set at $500 and Harris is scheduled to appear in Murray Town Court on Wednesday at 5:30 p.m.

3 are deemed sex offenders in Orleans County

By Tom Rivers, Editor Posted 10 May 2016 at 12:00 am

ALBION – Three people soon to be released from either prison or jail will be registered as sex offenders.Uriah Gentry, who could be released on June 19, has been serving an eight-year prison sentence for attempted criminal sexual act in the first degree. He is currently an inmate at the Gowanda Correctional Facility.

Gentry, 27, was convicted after he allegedly had sexual contact with a 6-year-old boy.

Gentry had a risk assessment hearing in Orleans County Court on Monday with Judge James Punch, who assigned Gentry as a Level 2 sex offender, which is a moderate risk of a repeat offense. His sentence includes 15 years of post-release supervision.

Two other men were assigned Level 1 sex offenders, the lowest risk of a repeat offense.

Christopher Bucci, 36, was sentenced to 1 ½ years in state prison after he pleaded guilty to attempted rape in the second degree. Bucci of Batavia admitted he had sex with a 14-year-old girl on Dec. 28, 2013. He is currently an inmate at Mohawk Correctional Facility and could be released on June 13.

A Holley man serving a six-month sentence in the county jail also was assigned a Level 1 sex offender, the lowest designation. Anthony Roe was sentenced on March 14 to jail for second-degree attempted rape. Roe was 20 when he allegedly had sex with a 14-year-old girl in July.

2 are charged with selling prescription narcotics in Medina

Staff Reports Posted 6 May 2016 at 12:00 am

MEDINA – Two people were arrested on Thursday for selling prescription narcotics in Medina.

Allen Snook

Allen E. Snook

Betty Russell

Betty J. Russell

The Orleans County Major Felony Crime Task Force, Orleans County Sheriff’s Department and Medina Police Department executed a search warrant at 14 Edgewood Drive in the Applewood Trailer Park, where police seized prescription pills (200 MG morphine pills and Zanax), cash, packaging material, several rifles and shotguns, and other drug paraphernalia, The Major Felony Crime Task Force reported.

Police arrested Allen E. Snook, 33, of 14 Edgewood Drive. He was charged with two counts each of criminal sale and criminal possession of a controlled substance in the third degree, which are class B felonies.

Police also arrested Betty J. Russell, 57, of 1004 West Ave., who allegedly was selling hydrocodone pills. She was charged with two counts each of both criminal sale and criminal possession of a controlled substance in the third degree.

Both Snook and Russell were arraigned in Ridgeway Town Court by Town Justice Joseph Kujawa. They were both committed to Orleans County Jail on $25,000 bail. The investigation is ongoing and more charges are pending, the Task Force reported.

Mother and son plead guilty to attempting to smuggle painkillers into prison

By Tom Rivers, Editor Posted 3 May 2016 at 12:00 am

ALBION – A mother and son admitted in Orleans County Court to attempting to bring painkillers into the Orleans Correctional Facility.

Scott Briggs, 31, of Broome County is an inmate at the Orleans Correctional Facility serving a 6- to 7-year sentence for burglary and possession of stolen property. Lori Briggs, 54, of Endicott allegedly mailed her son a painkiller on three occasions and also had it during a prison visitation.

She admitted in Orleans County Court on Monday to mailing Suboxone to her son, who admitted that he requested his mother mail it to him.

Correctional Facility staff intercepted the Suboxone, District Attorney Joe Cardone said.

The mother and son pleaded guilty to attempted promoting of prison contraband in the first degree, a charge that normally carries a maximum of 2 to 4 years in state prison. As part of a plea deal, Mr. Briggs would face no more than 1 ½ to 3 years when he is sentenced July 11 as a second felony offender.

His mother has a past criminal history with misdemeanors, Cardone said. She will face a maximum sentence of 1 to 3 years in prison as part of a plea deal when she is sentenced on July 25.

In another case involving prison contraband, Judge Punch set July 27 for the start of a trial against Ashley J. Sizemore, 31, an inmate in the Albion Correctional Facility.

Sizemore has refused to leave the prison and attend her court appearances. Punch set June 29 at 2 p.m. for a mandatory conference with Sizemore to determine why she is refusing to go to court.

She has been charged with first degree promoting prison contraband which, as a second felony offender, carries a maximum of 3 ½ to 7 years in prison.

She was charged in August, along with Thomas Torpey, a Rochester man who was convicted of a mob-related murder in 1981.

Torpey, 68, was arrested on Aug. 23 by State Police. He is accused of bringing drugs to the prison for Sizemore, who is serving a 42-month sentence for an arson in February 2014 at the Spencerport residence of a former Irondequoit police officer.

The case against Torpey is pending in County Court.