county court

3 sentenced to state prison for drug crimes in Orleans County

By Tom Rivers, Editor Posted 17 August 2015 at 12:00 am

ALBION – Three people were sentenced to state prison in Orleans County Court today for drug crimes, with another woman getting four months of weekends in jail for her third driving while intoxicated conviction.

Keith Toney, 36, of Rochester received the longest sentence of four years in prison.
Toney and a Rochester woman Lakusha McMorris, 35, both were arrested on Jan. 27 following a six-month investigation into the sale and distribution of crack cocaine from the City of Rochester to Medina.

McMorris was sentenced to two years in state prison today.

Toney admitted in a previous court he arranged the transactions by phone and McMorris said she was the delivery person on three occasions. Toney was charged in January with nine counts of criminal sale of controlled substance in the third degree.

Toney pleaded guilty to third-degree attempted criminal sale of a controlled substance. He pleaded guilty specifically to arranging for a cocaine sale at the Wal-Mart parking lot in Brockport on Aug. 27, 2014.

Toney made the drug deal with an informant from Orleans County, which is why the case has been handled in Orleans County. Brockport is located in neighboring Monroe County.

Toney’s attorney Nathan Pace asked the judge for leniency, saying Toney has had no criminal offenses the past 18 years after he endured “a horrible childhood.”

Judge James Punch said Toney has a “serious criminal history.” The judge gave Toney four years in state prison, one year less than the maximum as part of a plea deal.

McMorris pleaded guilty to attempted criminal sale of a controlled substance in the third degree. Her attorney Larry Koss asked for a split sentence, with no state prison.

“You seem to have profited from the sale of these drugs for quite some time,” Punch told her at sentencing.

McMorris, a first time felony offender, has twice been on probation.


In another case, Leeanne Krull, 45, of Albion was sentenced to two years in state prison. She pleaded guilty on May 18 to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 2 ½ years in state prison.

Krull admitted in court on May 18 to having hydrocodone in Medina. She told Judge Punch she sold it one time on April 22.

The judge gave her two years in state prison, just under the maximum.


In another case, a Niagara County woman was sentenced to weekends in jail for four months despite a request from her attorney for no jail time.

Julie R. Wisniewski, 38, of Lewiston has three DWI convictions. She was stopped on Point Breeze Road in Carlton on April 12, 2014 and registered a .21 Blood Alcohol Content. She took her case to trial and was convicted by jury of DWI (felony due to previous conviction) and aggravated driving while intoxicated.

Punch said some jail time was needed for Wisniewski. However, he didn’t want her to lose her job or custody of her son.

“I don’t want you to do this again,” the judge told her. “You could easily kill someone.”

Wisniewski will also be on probation for five years, have her license revoked for a year, pay a $500 surcharge and will be required to install an interlock ignition device that measures her BAC before she drives.

Judge sets bail at $750K for Rochester man with extensive criminal history

By Tom Rivers, Editor Posted 17 August 2015 at 12:00 am

ALBION – An Orleans County judge set bail at $750,000 today for a Rochester man arrested last week on drug charges.

Charles A. Verstreate, 46, of 44 Lennox St. was arrested on Aug. 11, following an undercover buy operation of oxycodone pills by the Orleans County Major Felony Crime Task Force and the Orleans County Sheriff’s Department.

Verstreate was charged with one count each of criminal sale and criminal possession of a controlled substance in the third degree, both felonies.

He has seven prior felonies, 17 prior misdemeanor crimes and twice has failed to appear at court appearances, District Attorney Joe Cardone said.

Verstreate was arraigned last week in Murray Town Court by Town Justice Gary Passarell, who committed Verstreate to the Orleans County Jail without bail due to his extensive criminal history.

Orleans County Court Judge James Punch cited that lengthy criminal history today in setting bail at $750,000.

Former Albion man faces child rape charges

By Tom Rivers, Editor Posted 3 August 2015 at 12:00 am

ALBION – A former Albion resident was arraigned in Orleans County Court this afternoon on multiple rape charges.

Charles Ledger, 27, was living at Lydun Drive Extension in Albion when he allegedly committed the crimes between August 2011 and March 2015, the District Attorney’s Office reported. Ledger was most recently working and living in Nebraska and has been extradited to Orleans County.

He has been charged with one count of course of sexual conduct against a child in the first degree, two counts of criminal sexual act in the second degree, and 14 counts of rape in the third degree.

He pleaded not guilty in court today, and Judge James Punch set bail at $25,000.


In other cases in County Court:

Kaylee M. Loiacono, 27, of Brockport was arraigned on drug charges following her arrest last week. She has been charged with three counts of criminal sale of a controlled substance in the 3rd degree and two counts of criminal possession of a controlled substance in the 3rd degree, which are both Class B felonies.

She was arraigned with counsel today and bail was set at $5,000. She pleaded not guilty to the charges.

The judge set bail for an Albion man at $100,000. Brandon A. Honore, 30, of East Park Street was has been charged with 2 counts of criminal sale of a controlled substance in the 3rd degree, and 2 counts of criminal possession of a controlled substance in the 3rd degree (Class B felonies) as a result of an Orleans County sealed indictment.

Honore and Loiacono were among 19 people arrested following a seven-month investigation into the sale and distribution of drugs in Orleans County.

Honore has two prior felonies and has already been to state prison. His attorney, Kevin McKain, requested a lower bail, saying Honore was working two full-time jobs and went six years without any crimes.

Judge Punch said Honore may be considered a persistent felon with his past criminal history. The $100,000 bail is consistent with the bail Punch has set for other defendants with similar charges, the judge said.

19th person arrested in drug bust

By Tom Rivers, Editor Posted 29 July 2015 at 12:00 am

ALBION – Kaylee M. Loiacono, 27, of Brockport was arrested on drug charges on Tuesday, bringing the number of people arrested in a recent drug bust to 19.

Loiacono, of 87 Willow Brook Apartments, was arraigned in Orleans County Court this afternoon. Judge James Punch set bail at $5,000.

She was charged with three counts of Criminal Sale of a Controlled Substance in the 3rd degree and two counts of Criminal Possession of a Controlled Substance in the 3rd degree, which are both Class B felonies.

The Orleans County Major Felony Crime Task Force worked with law enforcement agencies in four counties in a 7-month investigation into the sale and distribution of heroin, crack cocaine, methamphetamine, prescription pills and marijuana in Orleans County.

The Task Force announced 17 arrests on Friday, with another person being arraigned on Monday.

Drug bust grows to 18 people after Medina man arrested

By Tom Rivers, Editor Posted 28 July 2015 at 12:00 am

ALBION – A Medina man faces drug charges, and brings the total number of people arrested in a big drug bust to 18.

The Orleans County Major Felony Crime Task Force, working with law enforcement agencies in four counties, on Friday announced 17 people had been arrested following a 7-month investigation into the sale and distribution of heroin, crack cocaine, methamphetamine, prescription pills and marijuana in Orleans County. (Click here to see that initial report.)

The Task Force said on Friday more arrests were pending.

Henry Lattimer, 34, of West Center Street in Medina has been arrested since the drug bust announcement on Friday by the Task Force. Lattimer is charged with criminal possession and criminal sale of a controlled substance, both in the fifth degree, as well as criminal sale of marijuana in the fourth degree.

He was arraigned in Orleans County Court on Monday afternoon and Judge James Punch set bail at $50,000. (Lattimer will be fully arraigned on Thursday with assigned counsel.)

Some of the other defendants in the drug arrests also were arraigned in court on Monday, including:

Shane M. Maynard, 37, of 12801 Ridge Rd., Apt. B, in the Town of Gaines. He was arraigned on 3 counts of criminal sale of a controlled substance in the fifth degree, and 3 counts of criminal possession of a controlled substance in the fifth degree.

Maynard pleaded not guilty. He is in the county jail on $100,000 bail.

Diane M. Gallagher, 46, East Shelby Rd., Town of Shelby. She has been charged with 3 counts of criminal sale of a controlled substance in the 3rd degree, and 3 counts of criminal possession of a controlled substance in the 3rd degree.

Gallagher pleaded not guilty on Monday during an arraignment. Judge Punch set her bail at $100,000.

Philip A. Riley, 32, of 110 West Bank St., Albion. He was arraigned on 2 counts of criminal sale of a controlled substance in the 3rd degree, and 2 counts of criminal possession of a controlled substance in the 3rd degree.

He pleaded not guilty. He is in the county jail on $100,000 bail. Riley is currently on state parole.

Jennifer McCarthy-Conklin, 39, of 1 Thomas St., Holley. She was arraigned on 2 counts of criminal sale of a controlled substance in the 3rd degree, and 2 counts of criminal possession of a controlled substance in the 3rd degree.

McCarthy-Conklin pleaded not guilty. She has posted $5,000 bail.

Bennie Coger, 63, of 525 West Ave,. Apt. 7, Medina. He has been charged with 2 counts of criminal sale of a controlled substance in the 3rd degree, and 2 counts of criminal possession of a controlled substance in 3rd degree.

Coger is in the county jail on $100,000 bail. He is also currently on state parole.

Albion man with lengthy criminal history gets state prison

By Tom Rivers, Editor Posted 27 July 2015 at 12:00 am

ALBION – An Albion man with a criminal history going back 40 years was sentenced to 2 ½ years in state prison today, the maximum after he pleaded guilty on May 18 to criminal possession of a controlled substance in the fifth degree.

John B. Lang Jr., 56, has been in the Orleans County Jail on $20,000 bail since early December, when he was arrested for selling hydrocodone. Lang was living at 175 North Main St., Apt. 16.

Lang has a lengthy history of misdemeanor crimes, but this is his first felony.

His attorney, Dominic Saraceno, asked that Lang not be sentenced to state prison. Lang may have undiagnosed mental health problems, including a bipolar disorder, as well as physical ailments from when he was hit by an RV, Saraceno told County Court Judge James Punch.

Lang apologized in court.

“I’m sorry, your honor,” Lang said. “It won’t happen again.”

The judge gave Lang the maximum sentence, took away his driver’s license for 6 months and also required him to pay $560 in restitution for the buy money used by the Orleans County Major Felony Crime Task Force.

“You are a long-term criminal, and I’m giving you the maximum,” Punch said.

Holley man sentenced to state prison for burglary

By Tom Rivers, Editor Posted 20 July 2015 at 12:00 am

ALBION – A Holley man, who admitted he broke into a Holley residence last November, was sentenced to 2 to 6 years in state prison today.

Christopher D. Helsdon, 25, in May pleaded guilty to third-degree burglary. He faced a maximum 2 1/3 to 7 years in state prison. Judge James Punch gave him a little less than the maximum.

Helsdon, in a previous court appearance, said he was on heroin when he entered an unlocked Holley house on Nov. 12. Although under the influence of the drug, Helsdon said he was aware of what he was doing.

He said he stole items with the intention of selling them to a pawn store so he could buy heroin.


In another sentencing today, Curtis Stipp, 23, of Middleport was sentenced to weekends in jail over the next 60 days as well as five years of Probation.

Stipp in April pleaded guilty to criminal possession of a controlled substance in the fifth degree. He admitted he had “100-some” pills of oxycodone and intended to sell them on Nov. 22, 2013.

Teen gets state prison for burglary in Albion

By Tom Rivers, Editor Posted 13 July 2015 at 12:00 am

ALBION – An Albion teen who was part of a burglary at a village home last summer was sentenced to 1 to 3 years in state prison today.

Orleans County Court Judge James Punch granted youthful offender for the 18-year-old, meaning his record is sealed and his name shouldn’t be disclosed publicly.

The teen admitted in court in May he entered a house on West Park Street without permission, caused damage in the house and stole from the owner on Aug. 18.

As part of sentencing today, the teen was ordered to pay $3,262 in restitution to the homeowner and insurance company.

The teen faced a charge of second-degree burglary, which carries a maximum of 15 years in state prison. But in a plea agreement in May, he pleaded guilty to attempted second-degree burglary which carries a maximum of 1 1/3 to 4 years in state prison with youthful offender status.

The teen’s attorney, Michael O’Keefe, asked for a sentence of Probation. He said the teen “has every intention of paying back” the restitution.

The teen apologized to the victims and for his “bad choices.”

Another defendant in the case was already sentenced to six months in jail.

The family that was victimized by the crime wrote compelling letters about how the crime traumatized the household, which includes young children, District Attorney Joe Cardone said.

Judge Punch said the crime warranted state prison.

“You violated the sanctity of the victims’ home,” the judge said, calling the damage “wanton destruction.”


In other cases in court today:

A Medina woman was sentenced to weekends in jail over the next 60 days.

Amanda L. Major, 24, admitted in a previous court appearance she had cocaine with the intent to sell it at her residence on Starr Street in Medina on Jan. 14. She pleaded guilty to criminal possession of a controlled substance in the fifth degree, a charge that carries a maximum of 2 ½ years in state prison.

Major is a first-time offender. She has a full-time job and is in treatment at the Genesee-Orleans Council on Alcoholism and Substance Abuse.

“She has made significant changes in her life,” O’Keefe, her attorney, said at sentencing.

Major will also be on Probation for five years.

“I don’t want to see you wind up in prison,” Punch told her. “You’re pretty close to being there right now.”

An Albion man pleaded guilty to felony driving while intoxicated and faces a maximum of 1 to 3 years in state prison as part of a plea deal.

Jeremy Smith, 30, of Lydun Drive admitted in court to DWI and driving without a license on Jan. 19, 2015, when he was in an accident while driving. He said he had been drinking beer before the accident.

Without the plea, he could have faced a maximum of 4 years in prison for the DWI.

Smith has a prior felony DWI in 2006 and a prior misdemeanor DWI in 2002.

He will be sentenced on Oct. 5.

Albion man admits selling cocaine

By Tom Rivers, Editor Posted 7 July 2015 at 12:00 am

ALBION – An Albion man admitted in Orleans County Court that he sold cocaine and could be sentenced to state prison.

Martin Eusebio, 20, pleaded guilty to criminal possession of a controlled substance in the fifth degree. He could be sentenced to a maximum of 1 to 2 ½ years in state prison.

Eusebio was arrested in November and accused of cocaine trafficking in the Village of Albion. He was living at 201 Washington St., Apt. 1. He has been in jail since his arrest on $50,000 bail.

Eusebio had cocaine on Oct. 28 and sold it, he told Judge James Punch in court on Monday. Eusebio also said he isn’t a U.S. citizen.

He could be deported after serving his sentence. He will be sentenced on Oct. 5.


In other cases in County Court:

A former Medina resident who has been in state prison for more than two years was classified as a Level 2 sex offender.

Kawika Kamae, 30, has been in state prison since April 2013, when he was sentenced first-degree rape. Kamae allegedly had sex with a highly intoxicated 16-year-old girl. The girl was so intoxicated that she needed hospitalization. She was determined to have a blood alcohol content of .28 percent.

Kamae was designated as a Level 2 sex offender, which means he is a moderate risk of reoffending.

He is currently an inmate at Collins Correctional Facility. He is due to be released on Aug. 25.

He was sentenced to seven years of post-release supervision.

The judge is holding off on a plea deal for a Ridgeway resident, who faces charges of third-degree welfare fraud and first-degree offering a false instrument.

Kathy Mungenast, 51, of Ridgeway allegedly accepted $5,267 in welfare benefits she was not entitled to from July 1, 2012 to Nov. 30, 2013. She allegedly filed false paperwork to access those benefits, according to the District Attorney’s office.

Mungenast spent about three days a week with a boyfriend, and did not note with her application for public benefits that she wasn’t always living at her residence. District Attorney Joe Cardone said because Mungenast was living at another residence, she shouldn’t have received the full amount of welfare benefits she was getting.

Mungenast has no prior criminal record. She could face a year in jail, but Cardone has offered a plea deal where she would avoid jail and pay restitution.

However, Judge Punch wanted to see case law that someone living temporarily for a few days a week with a boyfriend isn’t entitled to what Mungenast received. Punch said Mungenast was still required to pay rent, buy groceries and maintain a household that includes two children.

Punch wanted to research the issue before allowing the plea deal.

An Albion woman who pleaded guilty in May to a drug charge was again arrested on June 18. Judge Punch said Leeanne Krull will be held without bail at the Orleans County Jail and needs a psychological evaluation.

Krull, 45, was most recently arrested with criminal mischief – intent to damage property in the fourth degree, disorderly conduct – obscene language gestures, and trespassing. She allegedly kicked in a door causing $200 in damage.

Krull on May 18 pleaded guilty to criminal possession of a controlled substance in the fifth degree, which usually carries a maximum sentence of 2 ½ years in state prison. Because Krull has a prior felony, the maximum will be 4 years in state prison. She will be sentenced for that crime on July 27.

Judge sentences 3 to jail/prison

By Tom Rivers, Editor Posted 6 July 2015 at 12:00 am

ALBION – Three people will spend time in jail or prison after being sentenced in Orleans County Court today by Judge James Punch.

Andre D. Shine, 31, of Starr Street in Medina received the longest sentence – five years in state prison.

Shine pleaded guilty to attempted criminal possession of a controlled substance in the third degree. As a second felony offender (criminal possession of a controlled substance in the fourth degree), the latest charge would normally carry an 8-year maximum in state prison. But as part of a plea deal, Shine was offered a maximum of five years in prison.

Shine, during his sentencing, said he takes responsibility for his actions.

Punch gave Shine the maximum sentence as part of the plea deal.

“You’ve targeted this community by spreading drugs into the community,” Punch said. “You have a long and serious criminal history. The things you have done have diminished the quality of life in this community.”


In other cases, the judge:

Sentenced Lazaro Botello, 24, of Center Road in Kendall in one to three years in state prison for driving under the influence of alcohol on Nov. 26. Punch ordered Botello to pay $250 in restitution to the Town of Kendall for damaging graves at a cemetery.

Botello had a Blood Alcohol Content of 0.21 percent, more than twice the legal limit. He has a prior conviction of driving under the influence of alcohol in June 2012 in the Town of Sweden.

His lawyer, Nathan Pace, asked that Botello not be sentenced to state prison. Pace said Botello immediately took responsibility for the crime and has received treatment through the Genesee-Orleans Regional Council on Substance Abuse.

Punch said Botello committed the crime while on Probation.

“You have been given just about every opportunity we can give you,” Punch said, calling Botello a danger on the highways.

Norman Bloom Sr., 48, of West Center Street in Medina was sentenced to a year in Orleans County Jail for driving while intoxicated. Punch said the Nov. 8 incident, which included leaving the scene of an accident, was Bloom’s fourth DWI.

“I know it was wrong and I apologize,” Bloom said.