county court

3 sentenced in County Court, including Genesee man for 3 to 6 years in prison

By Tom Rivers, Editor Posted 18 January 2023 at 1:41 pm

ALBION – Three people were sentenced to incarceration today by Orleans County Court judge Sanford Church.

Travis Cook, 34, of Le Roy received the longest sentence at 3 to 6 years in state prison for third-degree burglary and third-degree criminal possession of a weapon.

Cook in May took a wallet from a vehicle in someone’s garage. The wallet had four credit cards. He also had a handgun without a license, and is accused of taking a bottle with pills, and attempting to steal from another vehicle. District Attorney Joe Cardone said Cook threw a loaded firearm out onto the road when he was pursued by law enforcement.

A Lockport man was sentenced to two months of intermittent jail and five years probation for first-degree criminal contempt for violating an order of protection.

Dana Scott, 45, apologized in court. He asked he be allowed to continue running his business so he can support his children.

The judge sentenced him to two days a week in the county jail, as well as probation.

Cardone, the district attorney, asked for some incarceration because Scott entered the home of a woman at night in Ridgeway and took some of her property, despite an order of protection. Cardone said he is concerned the situation could escalate.

“There has to be consequences for violating an order of protection when there is aggression towards other people, particularly females,” Church said.

Scott was fined $1,000 and ordered to take a domestic violence class.

The victim of the crime has since asked the order of protection be removed, and the judge agreed to that in court today.

Darius Jones, 31, was sentenced to 1 ½ to 3 years in state prison for promoting prison contraband. He sharpened plastic to resemble an ice pick, creating a dangerous situation in the prison.

Jones already is serving a 12 to 15 year sentence for crimes in Genesee County. He now is incarcerated at the Wende Correctional Facility in Alden, Erie County.

3 sentenced to state prison by county court judge

By Tom Rivers, Editor Posted 11 January 2023 at 4:15 pm

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

Isaiah Casanova, 22, of Medina was sentenced to a minimum of 2 years and a maximum of 4 years in state prison for third-degree criminal possession of a weapon and violating his probation.

Casanova admitted in a previous court appearance that he driving a vehicle in August that had a 9 mm gun in the glove compartment. As a prior convicted felon, he isn’t allowed to have a gun. He also was driving a vehicle with a suspended registration.

Casanova apologized in court today. His attorney Ian Penders asked for leniency for Casanova, who was working a full-time job and in treatment.

“He is a good kid who screwed up,” Penders told the court. “He was on a path to getting his life together.”

Quincy Casanova, 25, of Medina was sentenced to 1 ½ to 3 years to prison for attempted assault and violation of parole for an incident on Aug. 11 where he stabbed his brother. A second felony offender, he also will have a year of post-release supervision.

Matthew S. Williams, 35, of Batavia was sentenced to 2 to 4 years in prison for fourth-degree grand larceny. He took about $10,000 worth of truck batteries, radiators and agricultural parts from Torrey Farms.

Nicholas Amos, 43, of Medina was arraigned on five counts of second-degree assault and criminal possession of a weapon. He allegedly got in an altercation with five different people on Oct. 9 in Medina and five people were stabbed.

The judge agreed to keep bail at $1,000 in cash or $10,000 bond, which was originally set at the town court.

The judge issued orders of protection for the five victims in the case.

Clarendon man sentenced to state prison for arson

By Tom Rivers, Editor Posted 4 January 2023 at 6:48 pm

ALBION – A Clarendon man was sentenced to 3 to 6 years in state prison today by Orleans County Court Judge Sanford Church.

William Grathouse III, 49, of Clarendon faced charges of third-degree arson, second-degree insurance and fourth-degree criminal solicitation.

Grathouse, a second-felony offender, allegedly had someone start a fire at his home at Holley-Byron Road on Nov. 29, 2020 so he could collect the insurance money.

In other cases in county court today:

Jeremiah Thomas, 36, of Albion was sentenced to 6 months in the Orleans County Jail and 5 years of probation. He pleaded guilty to criminal mischief in the third degree and reckless endangerment in the second degree in a road rage incident.

Thomas admitted in court to using his pickup to drive into the front of a car in the McDonalds in Medina on May 18. The incident caused more than $8,000 in damage and put the other driver at risk of significant injury, according to the District Attorney’s office.

Thomas said he has been making progress through a anger management program. His attorney asked for a probation sentence with no jail time so Thomas could continue working and supporting his family, including a baby due to be born in March.

But Judge Church said Thomas has a history of absconding and trying to avoid his sentences. The judge said incarceration was warranted, but he gave Thomas a reduced sentence. As part of a plea agreement, Thomas could have faced 1 1/3 to 4 years in state prison.

Assistant DA John Sansone said Thomas’s actions on May 18 were “a very serious road rage incident” where he twice stopped the other driver between Albion and Medina, and then ran into his car while the other driver had a child in the vehicle.

Thomas said the other driver was taking photos of his truck, which made him think that driver intended to steal the truck or vandalize it.

The judge also issued an order of protection for the other driver.

Patrick Casanova, 29, of Medina pleaded guilty to second-degree assault. He admitted to punching a woman in the face in Aug. 11, which fractured her orbital bone and damaged her sinus. He could face 2 to 4 years in state prison when he is sentenced on March 8.

Man admits to trying to bring fentanyl into women’s prison at Albion

By Tom Rivers, Editor Posted 15 December 2022 at 2:53 pm

ALBION – An Oneida County man admitted in Orleans County Court on Wednesday that he tried to ring fentanyl into the Albion Correctional Facility.

Gerald Berg of Lee Center pleaded guilty to attempted promoting prison contraband in the second degree. He could face up to 6 months in the county jail and five years of probation when he is sentenced on March 15.

He admitted to trying to bring fentanyl to the prison on July 23, and told the court he was aware it was a dangerous substance for someone to use.

In other cases in County Court on Wednesday:

• Judge Sanford Church set Feb. 6 as the start of a trial for Ajea McCoy of Elmira, who is accused of mailing methamphetamine and fentanyl in June to an inmate at Albion Correctional Facility. She is charged with criminal sale of a controlled substance in the fifth degree and promoting prison contraband in the first degree. The drugs were allegedly in another package.

Imani Williams, an inmate at Albion Correctional Facility, was arraigned for second-degree assault after allegedly physically assaulting another inmate. On Nov. 15, 2021 she allegedly struck another inmate, causing a fractured orbital bone.

Tafari Holley was arraigned for trying to bring OxyContin into the Orleans Correctional Facility on Sept. 4 while visiting an inmate. She is charged with criminal possession of a controlled substance in the fifth degree and promoting prison contraband in the first degree.

Albion man sentenced to 8 years in prison on weapons charges

By Tom Rivers, Editor Posted 30 November 2022 at 1:35 pm

ALBION – An Albion man was sentenced to 8 years in prison today by Orleans County Court Judge Sanford Church.

Prince Z. Wilson, 23, of Albion pleaded guilty to two counts of second-degree criminal possession of a weapon. He could have faced up to 15 years in prison for each charge.

As part of a plea, his sentence was capped at 8 years with the sentences to be served at the same time.

Wilson in August 2021 exchanged gunfire with another man in Albion, and wounded the victim in the leg. He was charged a second time after that arrest with having gun.

Wilson didn’t speak when given a chance by the judge during sentencing today. Wilson will face five years of post-release supervision when he is out of prison. He also was fined $2,000.

In other cases in court today:

Jacoun Harden, 35, of Holley and formerly of Medina, was sentenced to six months in the county jail and five years of probation.

He pleaded guilty to attempted criminal possession of a weapon in the second degree for having a loaded firearm. Harden admitted in court in a previous appearance that he had a loaded 9 mm handgun when he was arrested and was intending to use it but didn’t fire it at anyone.

Brennen D. Callara, 24, of Medina pleaded guilty to first-degree attempted robbery and petty larceny. He could face a maximum of 4 years in prison as part of a plea agreement.

Callara admitted in court that on July 20 he threatened a cashier at Crosby’s in Medina by displaying a knife and demanding money.

Callara also admitted to stealing a chain saw sharpener from Tractor Supply in Medina on Aug. 30.

He is scheduled to be sentenced on Jan. 25.

Today’s plea would satisfy other charges he is facing in Shelby and Ridgeway courts.

Richard J. Capen pleaded guilty to criminal mischief in the third degree and grand larceny in the fourth degree.

He admitted in court today to stealing a rifle on July 17, and selling it. He also admitted to damaging laundry machines on July 26 that were owned by Richard Colonna, causing about $3,000 in damage.

He will be sentenced on Feb. 1.

Austin Buzzard, 23, of Carlton pleaded guilty to criminal trespassing in the third degree and petty larceny.

He admitted to entering a garage without permission and taking a four-wheeler that wasn’t his.

He could face up to 364 days in the county jail when he is sentenced on Feb. 1.

Mikel Love of Kendall was arraigned of charges of course of sexual conduct against a child in the second degree and endangering the welfare of a child. Love rejected a plea offer and pleaded not guilty. An order of protection was issued for the alleged victim of the crime.

Dale Shawver, 60, of Albion was assessed as a level 1 sex offender, the lowest level. He currently is serving a six-month sentence in the county jail for first-degree sexual abuse and criminal possession of a weapon in the fourth degree. He will be on probation for 10 years when he is released from jail, and also will be on the sex offender registry for 10 years.

Convicted felon from Gasport sentenced to 15 years for child pornography

Posted 22 November 2022 at 1:07 pm

United States Attorney Trini E. Ross, Western District of New York

BUFFALO – U.S. Attorney Trini E. Ross announced today that Jason David Willis, 50, of Gasport, who was convicted of receipt of child pornography following a prior conviction, was sentenced to serve 15 years in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in 2011, Willis was sentenced to serve 132 months in prison following his conviction on a federal child pornography charge.

On May 18, 2021, an acquaintance of Willis’ brought his iPhone to the Niagara County Sheriff’s Office and stated that it contained child pornography. The following day, on May 19, 2021, a U.S. Probation Officer searched the iPhone and observed two videos in the “recently deleted” folder on the phone that were produced by Willis on October 24 and October 28, 2020. Both videos depicted explicit images of a 17-year-old minor female. Further review of the iPhone revealed internet history for at least one website containing child pornography.

At the time of his second arrest, Willis was on federal supervised release from his previous conviction and a registered sex offender.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Felicetti, and the U.S. Probation Department, under the direction of Chief Probation Officer Timothy C. Englerth.

Albion man sentenced to 7 years in prison for sex abuse against child

By Tom Rivers, Editor Posted 16 November 2022 at 10:05 pm

ALBION – An Albion man was sentenced to seven years in prison today by Orleans County Court Judge Sanford Church.

David W. Snyder, 53, was sentenced to the maximum as part of a plea deal for attempted course of sexual conduct against a child. Snyder sexually abused a child for over six years from June 2014 to June 2020, Assistant District Attorney Susan Howard said.

The victim of the crime spoke in court today, telling Snyder, “you’re sick.”

“I’m the one crying every day,” said the 14-year-old girl. “I hate what you did. You took away my ability to be a child.”

She asked Snyder to apologize. When he was given a chance to speak by the judge, Snyder said, “I’m sorry.”

Snyder left Orleans County soon after his arrest on July 21. He was extradited from North Carolina.

In addition to seven years in prison, he will be on post-release supervision for 15 years.

In other cases today in County Court:

• Danielle Rowe, 36, an inmate at Albion Correctional Facility, was sentenced to another 1 ½ to 3 years in prison for prison contraband and for criminal possession of a controlled substance by having suboxone without a prescription.

• Jacqueline Garrett, 43, of Le Roy was sentenced to 1 to 3 years in state prison for third-degree burglary and petit larceny.

She was on a judicial diversion program but didn’t make it through without committing more crimes.

Garrett most recent offense was taking aerosol cans from a hardware store in Albion so she could use them for huffing.  Her attorney, public defender Joanne Best, said Garrett has been struggling with drug addiction. She was doing well but had a relapse.

Garrett said she will use the time while she is incarcerated to “better myself.”

Judge Church said a treatment court with supervision was tried with Garrett but it wasn’t successful. He said incarceration will keep her away from drugs.

• Towonna Baxtrum, 35, of Rochester was sentenced to five years of probation for bringing suboxone into Orleans Correctional Facility. She also was fined $500.

“I made a horrible mistake,” she told Judge Church.

• Dennis Bach, 36, of Buffalo pleaded guilty to fourth-degree grand larceny. He admitted to taking about $11,000 worth of construction supplies from Pride Pak in Medina.

He faces a maximum of 1 to 3 years in prison when he is sentenced on Feb. 9.

• Patrick Casanova, 29, of Medina was arraigned on felony assault with intent to cause serious physical injury, and two counts of misdemeanor acting in a manner injurious to a child under age 17.

Casanova is accused of striking a woman in the face in front of her two children on Aug. 11.

District Attorney Joe Cardone asked for high bail because Casanova has two prior felonies. Church set bail at $25,000 cash and $50,000 bond.

• Shane Dipilato, 25, of Albion (formerly of Holley) pleaded guilty of third-degree criminal possession of a controlled substance and driving while ability impaired.

He was charged on June 16 after running into a tree at Hillside Cemetery in Holley.

Dipilato admitted to drinking alcohol while using fentanyl before driving that day. He also said he had fentanyl that he gave to friends, which is considered “selling” in a criminal definition.

Judge Church accepted Dipilato into a diversion program with treatment. If Dipilato is successful, the felony charged will be reduced to a misdemeanor in about a year and he won’t have to spend any time incarcerated.

If he is unable to complete the diversion program he could face 1 to 2 ½ years in prison.

Cellmate pleads guilty to murdering Albion man at prison in Greene County

By Tom Rivers, Editor Posted 10 November 2022 at 12:08 pm

The cellmate of Delmus Tanner admitted he strangled the Albion native at the Greene Correctional Facility in Coxackie near Albany on Nov. 9, 2018.

Delmus Tanner

Anthony J. Paradise, 44, pleaded guilty to second-degree murder last month on the third day of jury selection of his trial.

Paradise had been serving a 1 1/3 to 4 year sentence for three-degree robbery in Washington County. Tanner was in prison on a five-year sentence on drug charges.

Paradise and Tanner, 38, were double-bunked in the Special Housing Unit of the prison. Paradise used a torn bed sheet to strangle Tanner, Greene County District Attorney Joseph Stanzione said, according to a report from the Hudson Valley 360.

Paradise allegedly choked two other incarcerated people while in jail and prison, the DA said. Tanner’s family has filed a lawsuit against the state.

Tanner died on Nov. 13, 2018, four days after he was taken to the Albany Medical Center and put on life support. He was taken there on a Friday. It wasn’t until the following Monday that his family was made aware of the seriousness of his condition, his ex-wife Ashley Farrell previously told the Orleans Hub.

Tanner, a father of three children, was a Medina High School graduate and looked forward to being a good citizen when he was released from prison, Farrell said.

Kendall man sentenced to state prison for felony DWI

By Tom Rivers, Editor Posted 10 November 2022 at 10:38 am

ALBION – A Kendall man was sentenced to 1 1/3 to 4 years in state prison on Wednesday for drunk driving while exceeding 100 miles per hour.

Lazaro Botello, 31, of Kendall pleaded guilty to felony driving while intoxicated for an incident on June 20 when he was stopped in Clarendon. He was charged with unlawful fleeing from a police officer, resisting arrest, unauthorized use of a motor vehicle, speeding and DWI.

He pleaded guilty on Aug. 3 to aggravated felony drunk driving, which satisfied all other charges against him.

Orleans County Court Judge Sanford Church gave Botello the maximum sentence in the plea agreement.

In other cases on Wednesday in court, Isaiah Casanova, 22, of Medina pleaded guilty to third-degree criminal possession of a weapon and violating his probation.

He faces a maximum of 2 to 4 years in state prison when he is sentenced on Jan. 11.

Casanova admitted in court on Wednesday that he driving a vehicle in August that had a 9 mm gun in the glove compartment. As a prior convicted felon, he isn’t allowed to have a gun. He also was driving a vehicle with a suspended registration.

In another case, Darius L. Jones, 30, a former inmate at Orleans Correctional Facility pleaded guilty to having dangerous contraband in the state prison. Jones sharpened plastic into an ice pick shape. He faces up to an additional 1 1/2 to 3 years in prison when he is sentenced on Jan. 18. He is now incarcerated at the Wende Correctional Facility in Alden.

In another recent case in county court, Dale Shawver, 60, of Albion was sentenced to six months in the Orleans County Jail and 10 years of probation.

Shawver pleaded guilty to first-degree sexual abuse, a D felony, and criminal possession of a weapon in the fourth degree, which is a misdemeanor. He allegedly touched a 12-year-old girl in an intimate area. When he was charged, he turned in his weapons and a gun met the criteria for being an assault rifle under the state’s SAFE Act. The judge issued an order of protection for the victim.

Rochester man sentenced to 3 to 6 years in state prison for arson in Murray

By Tom Rivers, Editor Posted 28 September 2022 at 3:45 pm

ALBION – A Rochester man was sentenced to 3 to 6 years in state prison today for arson in the third degree and criminal possession of stolen property in the third degree.

Devon M. Rose, 27, admitted in a previous court appearance that he set a 2009 Acura on fire on May 22, and also stole a 2003 Chevy Silverado from the Town of Murray on May 22. The Silverado is estimated to have been worth about $6,000.

He took the Acura from Monroe County and drove it to the Murray Town Hall and set the car on fire at 5 a.m. on May 22.

District Attorney Joe Cardone said Rose has  “horrible” criminal record with a history of committing multiple arsons.

“Much of what Mr. Cardone has said is mostly true, actually it’s all true,” Rose’s attorney David Wade said in acknowledging Rose’s lengthy criminal record.

Wade said Rose has spent most of his adult life incarcerated. He said a history of drug abuse and physical abuse against Rose when he was a child are factors in the arsons.

County Court Judge Sanford Church didn’t give Rose the maximum sentence. He could have faced 4 to 8 years in state prison.

In other cases today in County Court:

• Bryan Bates, 42, of Albion was sentenced to 1 ½ to 3 years in prison for first-degree criminal contempt. Bates admitted to striking a person in the face on July 6. That person had an order of protection from Bates since July 2018.

• Alonzo Rivera, 23, of Albion was sentenced to weekends in the county jail over four months and five years of probation for attempted making a terrorist threat.

When law enforcement was called due to a domestic situation on Jan. 6, Rivera allegedly called 911 to say he was armed and planned to fire at police officers. Law enforcement went to the scene and saw Rivera walking along Ridge Road without any weapons.

Rivera said he was drunk at the time and doesn’t remember the incident. County Court Judge Sanford Church said Rivera had enough presence of mind to call 911.

Rivera said in court today he made a mistake and is working a full-time job. The judge, instead of giving him a maximum of six months in jail, sentenced Rivera to weekends so he could keep working.

• Adam Locke, 37, of Albion was sentenced to 10 years of probation for attempted sexual abuse in the first degree.

Locke entered an Alford plea, where he didn’t admit a crime. In a court appearance on July 27 he said he was concerned he might be found guilty at a trial and could face state prison.

District Attorney Cardone said Locke was around a girl under age 11 over several days in August 2019. The girl was sitting on Locke’s knee and he allegedly subjected the child to sexual contact while clothed. Locke denied those allegations in court, but still plead guilty to attempted sexual abuse in the first degree.

As part of a plea agreement, he could have faced up to 364 days in the county jail and probation.

The judge decided for “strict probation” that will include searching Locke’s computer and internet use, as well as social media and gaming systems. The judge also issued an order of protection for the alleged victim. He also ordered 250 hours of community service for Locke.

• Jeremiah Thomas, 36, of Albion pleaded guilty to criminal mischief in the third degree and reckless endangerment for a road rage incident where he allegedly rammed a car in the McDonalds in Medina on May 18, causing more than $8,000 in damage and putting the other driver at risk of significant injury, according to the DA’s office.

Thomas could face a maximum of 1 1/3 to 4 years in state prison. He will be sentenced on Jan. 4, 2023.

• Jacoun Harden, 35, of Holley and formerly of Medina, pleaded guilty to attempted criminal possession of a weapon in the second degree for having a loaded firearm. Harden admitted in court today that when he was charged he had a loaded 9 mm handgun and was intending to use it but didn’t fire it at anyone.

He faces a split sentence of jail and probation when he is sentenced on Nov. 30.

2 sentenced to jail in Orleans County

By Tom Rivers, Editor Posted 31 August 2022 at 1:59 pm

ALBION – Two people were sentenced to jail by Orleans County Court Judge Sanford Church.

Matthew Delosh, 31, of Holley was sentenced to 364 days in jail last week for violating his probation from Genesee County. Delosh was charged with driving while intoxicated and aggravated unlicensed operation of a motor vehicle in May.

Joshua Rothmund, 37, of Holley was sentenced to nine months of weekends in jail for violating his probation back from 2016 in Livingston County. Rothmund didn’t reported to probation for four years.

In cases in county court today, an Arcade man formerly from Le Roy was arraigned for third-degree burglary, four counts of fourth-degree grand larceny, criminal possession of a weapon in the third degree, petit larceny and attempted petit larceny.

Travis Cook, 34, on May allegedly took a wallet from a vehicle in someone’s garage. The wallet had four credit cards. He also allegedly had a handgun without a license, and is accused of taking a pill bottle with pills, and attempting to steal from another vehicle. District Attorney Joe Cardone said Cook threw a loaded firearm out onto the road when he was pursued by law enforcement.

Judge Church set bail for Cook at $100,000.

A Medina man was arraigned for violating his probation. Isaiah Casanova, 22, allegedly was driving a vehicle that had a 9 mm gun in the glove compartment.

As a prior convicted felon, he isn’t allowed to have a gun. Casanova said he was driving a friend’s vehicle with the registration expired and didn’t know there was a gun in the glove compartment. He was stopped by law enforcement and said there weren’t any weapons in the vehicle.

His attorney, Ian Penders, said Casanova thought he was being truthful with that statement.

Casanova was free after posting $1,500 bail at the town court level, but Judge Church increased the bail to $10,000 cash and $20,000 bond.

Holley man accused of attempted murder attack on police officer remains in psychiatric care after a year

By Tom Rivers, Editor Posted 31 August 2022 at 11:57 am

David Simoni continues to be deemed unfit for trial

ALBION – A Holley man who faces an attempted murder charge after an attack on a Holley police officer remains in psychiatric care and continues to be deemed unfit to stand trial.

David Simoni, 33, was charged on June 15, 2021 after he allegedly lunged at a Holley police officer, attempting to stab him, when the officer was dispatched to the Holley waterfalls on Frisbee Terrace that evening.

Simoni was allegedly walking around with a knife antagonizing people, Robert Barton, Holley police chief, said a day after the incident.

Simoni has spent a year in a Rochester psychiatric care facility. The staff there says he remains unfit for trial, Public Defender Joanne Best said in Orleans County Court today.

Judge Sanford Church said he intends to sign a notice on Sept. 7, stating Simoni will continue in psychiatric care and won’t have to stand trial for at least another year unless his condition improves.

Simoni’s status will be reviewed annually and he could spend as much as 2/3 of the maximum prison sentence he faces in psychiatric care without going to trial. That would be more than 16 years because he could face up to 25 years in prison for the attempted murder charge.

Simoni also has been arraigned on menacing a police officer, reckless endangerment in the first degree, attempted assault with intent to cause physical injury with a weapon, menacing in the second degree, criminal obstruction of breathing, criminal possession of a weapon in the fourth degree, criminal mischief with intent to damage property, acting in an injurious manner to a child younger than 17, and resisting arrest.

2 plead guilty in county court today after being charged with assault

By Tom Rivers, Editor Posted 17 August 2022 at 12:26 pm

ALBION – Two people pleaded guilty in Orleans County Court today after being charged with assault.

Brian Bilby, 34, of Albion pleaded guilty to second-degree assault and second-degree attempted burglary. He accepted a plea deal to reduced charges. He could face up to 5 years in prison when he is sentenced on Oct. 26.

Bilby admitted in court today that he entered someone’s apartment on West Bank Street in Albion on May 19 and struck a man who was in a bed with either a broomstick or a rod from a  shower.

District Attorney Joe Cardone said Bilby forced the door open in the apartment. Bilby lived in another apartment in the same building.

Cardone said it was an “unprovoked attack” that left the victim in severe pain from his injuries.

Bilby is currently in the county jail on $10,000 cash bail or $25,000 bond.

In another case, Deante Johnson, 19, of Medina pleaded guilty to attempted second-degree assault.

He was originally charged with first-degree assault, but that charge was reduced to second-degree assault because the victim did not sustain life-threatening injuries as initially feared.

Johnson stabbed a man who was in a verbal altercation with Johnson’s mother. The man was wounded in his lower abdomen and was bleeding.

Johnson told County Court Judge Sanford Church that the man who was stabbed put his hands on Johnson, and Johnson felt his life was in danger.

Cardone, the DA, said the other man put his hands on Johnson after Johnson threatened him.

“He wasn’t justified in using a knife,” Cardone said in court today.

As part of the plea agreement, Johnson could face a split sentence with a maximum of six months in the county jail and five years on probation.

Church told Johnson if he commits a crime while on probation he could then face time in state prison.

Johnson will be sentenced on Oct. 26.

He is currently in the county jail on $10,000 cash bail or $50,000 bond.

3 plead guilty in Orleans County Court, including drunk driver who topped 100 mph

By Tom Rivers, Editor Posted 3 August 2022 at 12:34 pm

ALBION – Three people pleaded guilty in Orleans County Court this morning, including a Kendall resident who admitted he was drunk while exceeding 100 miles per hour.

Lazaro Botello, 31, of Kendall pleaded guilty to felony driving while intoxicated for an incident on June 20 when he was stopped in Clarendon. He was charged with unlawful fleeing from a police officer, resisting arrest, unauthorized use of a motor vehicle, speeding and DWI.

Botello said he had three beers in an hour before driving. He has a prior DWI.

His plea today to aggravated felony drunk driving satisfies all other charges against him. He faces a maximum of 1 1/3 to 4 years in state prison when he is sentenced on Oct. 12.

In other cases:

• Franklin Armstrong, 41, of Medina pleaded guilty to criminal possession of a weapon in the third degree.

He has a prior of third-degree assault from 2001. Because of that conviction, he is not allowed to have firearms. However he was in possession of a pistol, rifle and shotgun.

As part of a plea agreement today, he will face a maximum of up to 6 months in the county jail and five years of probation when he is sentenced on Oct. 12.

• Darrin Brown, 32, formerly of Orleans County and now of Lockport, pleaded guilty to fourth-degree grand larceny for taking a 12-gauge Winchester shotgun.

He has been accepted into treatment court. If he completes that program the charge will be reduced to a misdemeanor and won’t face any time in jail. If he doesn’t complete the treatment court, he could face a maximum of 1 1/3 to 4 years in state prison.

Brown will also need to pay restitution for the stolen shotgun.

4 plead guilty in County Court and could face incarceration

By Tom Rivers, Editor Posted 29 July 2022 at 1:23 pm

ALBION – Four people pleaded guilty in Orleans County Court on Wednesday and could be sentenced to the county jail or state prison.

Devon M. Rose, 27, of Rochester pleaded guilty to arson in the third degree and criminal possession of stolen property in the third degree.

He admitted that he set a 2009 Acura on fire on May 22, and also stole a 2003 Chevy Silverado from the Town of Murray on May 22. The Silverado is estimated to have been worth about $6,000.

He took the Acura from Monroe County and drove it to the Murray Town Hall and set the car on fire at 5 a.m. on May 22.

Rose, as part of a plea agreement, faces a maximum of 4 to 8 years in prison when he is sentenced on Sept. 21.

He also will need to pay restitution and could be fined $5,000.

Alonzo Rivera, 23, of Albion pleaded guilty to attempted making a terrorist threat.

When law enforcement was called due to a domestic situation on Jan. 6, Rivera allegedly called 911 to say he was armed and fire at police officers.

Law enforcement went to the scene and saw Rivera walking along Ridge Road without any weapons.

Rivera said he was drunk at the time and doesn’t remember the incident. County Court Judge Sanford Church said Rivera had enough presence of mind to call 911.

Rivera after consulting with his attorney pleaded guilty and faces a maximum of 6 months in jail and five years on probation when he is sentenced Sept. 21.

Bryan Bates, 42, of Albion pleaded guilty to first-degree criminal contempt and faces 1 ½ to 3 years in prison when he is sentenced on Sept. 28.

Bates admitted to striking a person in the face on July 6. That person had an order of protection from Bates since July 2018.

Adam Locke, 37, of Albion pleaded guilty to attempted sexual abuse in the first degree. Locke entered an Alford plea, where he didn’t admit a crime. He said he was concerned he might be found guilty at a trial and could face state prison. As part of a plea agreement, he faces up to 364 days in the county jail and probation.

District Attorney Joe Cardone said Locke was around a girl under age 11 over several days in August 2019. The girl was sitting on Locke’s knee and he allegedly subjected the child to sexual contact while clothed. Locke denied those allegations in court on Wednesday, but still plead guilty to attempted sexual abuse in the first degree.

He will be sentenced on Sept. 28. He also could be fined up to $5,000 and be put on the sex offender registry.

In another case, Prince Z. Wilson, 23, of Albion rejected a plea offer of second-degree criminal possession of a weapon and second-degree reckless endangerment with a maximum sentence of 9 years in state prison. Wilson could face 15 years after exchanging gunfire in Albion last August and wounding a man in the leg.