county court

2 decline plea offers and will go to trial

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

Brockport man charged with felony sex crimes; Medina woman accused of drug charges

ALBION – Two people facing numerous felony charges rejected plea offers this week and will go to trial this summer in Orleans County Court.

A 28-year-old Brockport man faces numerous counts of second-degree rape, second-degree criminal sexual act and other charges. Matthew M. Edwards of West Ridge Road was arraigned in Orleans County Court on Jan. 5.

He is accused of having sex with a 13-year-old girl in the Village of Holley between July 4 and Aug. 30. Edwards also allegedly provided the girl with drugs and alcohol, according to the District Attorney’s Office. He is in Orleans County Jail on $200,000 bail.

Edwards faces 20 counts of second-degree rape, 14 counts of criminal sexual act in the second degree, five counts of unlawful dealing with a child in the first degree and one count of endangering the welfare of a child.

He will go to trial on Aug. 26.


In another case, a Medina woman will go to trial beginning on July 15.

Erika H. Poole, 34, of Church Street faces three counts of criminal possession of a controlled substance in the third degree and one count of criminal possession of marijuana in the second degree.

Poole was arrested in February 2014 for three of the drug charges. Her husband, Brenton Poole, also was arrested on Feb. 12, 2014. He was sentenced to five years in state prison last June for attempted criminal possession of a controlled substance in the third degree.

Mrs. Poole was arrested again on July 18 for allegedly possessing cocaine.

3 arraigned for felony crimes in county court

By Tom Rivers, Editor Posted 19 May 2015 at 12:00 am

ALBION – Three people were arraigned in Orleans County Court on Monday for crimes that included driving while intoxicated, drug sales and offering a false instrument.

An Albion woman, 71, was charged with filing a false instrument after allegedly putting false information on her pistol permit application.

Elsie Biaselli of East State Street was remanded to county jail on $5,000 bail. She is currently on probation and has pending welfare fraud charges, District Attorney Joe Cardone said.

Biaselli has a prior conviction of promoting prison contraband for allegedly smuggling illegal drugs in to inside Attica Correctional Facility, where her grandson was an inmate. Biaselli was sentenced to five years on probation in 2013.

She could face up to four years in prison for offering a false instrument.


A Hamlin man was arraigned on four counts of criminal sale of a controlled substance in the third degree.

Joel E. Johnson, 31, of Fox Hollow Street was arrested in March following a three-month investigation into the sale and distribution of cocaine in Orleans County and the Town of Hamlin, the Orleans County Major Felony Task Force reported on March 6.

Law enforcement agencies executed a search warrant at Johnson’s residence and seized over 20 grams of cocaine, a quantity of prescription hydrocodone pills, over $1,100 in cash, and scales, packaging and other drug paraphernalia. He is in jail on $5,000 bail.


Jeremy Smith, 30, of Lydun Drive in Albion was arraigned for DWI and aggravated unlicensed operation of a motor vehicle.

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

Smith has posted $5,000 bail.

2 plead guilty to drug crimes in Orleans County

By Tom Rivers, Editor Posted 18 May 2015 at 12:00 am

ALBION – Two Albion residents pleaded guilty to drug crimes today in Orleans County Court and could be sentenced to state prison.

Leeanne Krull, 45, of 35 N. Main St. admitted in court today to having hydrocodone in Medina. She told Judge James Punch she sold it one time on April 22.

She 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 on July 27. She is currently in the county jail on $5,000 bail.

John B. Lang, Jr., 56, of 175 North Main St., Apt. 16, also pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Lang admitted he had hydrocodone on Sept. 9 and made one sale. He has no prior felonies and faces a maximum of 2 ½ years in state prison when he is sentenced on July 27.

Lang has been in the county jail on $75,000 bail. Judge Punch agreed to reduce the bail today to $25,000.

Rochester man facing DWI charges allegedly stole ID from homeless man

By Tom Rivers, Editor Posted 18 May 2015 at 12:00 am

ALBION – A Rochester man who was charged with driving while intoxicated in October in Murray allegedly stole the ID from a man in a homeless shelter in Rochester.

Jeffrey Houghtaling, 49, was arraigned in Orleans County Court on numerous charges today. In addition to DWI, he was arraigned for driving with Blood Alcohol Content above 0.8 percent, aggravated unlicensed operation of a motor vehicle in the first degree, forgery in the second degree, offering a false instrument in the first degree and criminal impersonation in the second degree.

Houghtaling was in a homeless shelter in Monroe County when he allegedly stole the identification from a person there.

Houghtaling then allegedly drove to North Carolina with the other person’s documents, District Attorney Joe Cardone told Judge James Punch in court today during Houghtaling’s arraignment.

Houghtaling has at least four prior felony DWIs, two prior misdemeanor DWIs, and possibly other charges, Cardone said.

Houghtaling was arrested in Murray on Oct. 25 when he was driving with another person’s ID.

Houghtaling currently is in the county jail. Judge Punch set bail at $100,000. The judge noted Houghtaling has four prior instances of failing to appear for court dates.

“That’s quite a series of problems,” Punch said after reviewing Houghtaling’s criminal history.

Holley man admits to burglary and could get state prison

By Tom Rivers, Editor Posted 11 May 2015 at 12:00 am

ALBION – A Holley man admitted in court today that he broke into a Holley residence on Nov. 12, 2014, and stole items with the intention of selling them to a pawn store so he could buy heroin.

Christopher D. Helsdon, 25, pleaded guilty to third degree burglary, a charge that could carry a maximum 2 1/3 to 7 years in state prison.

Helsdon said he was on heroin when he entered an unlocked Holley house in November. Although under the influence of the drug, Helsdon said he was aware of what he was doing.

“My intent was to get something to take to buy my heroin,” Helsdon said in court today.

Helsdon will be sentenced on July 20. He is in Orleans County Jail on $30,000 bail.


In other cases in County Court today:

A Rochester woman, Lakusha McMorris, 35, admitted her involvement into the sale and distribution of crack cocaine from the City of Rochester to Medina.

McMorris was arrested on Jan. 27. She admitted in court on May 4 that she delivered drugs on three occasions for Keith Toney, who arranged the deals by phone from Rochester.

Toney last week 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, 36, of Rochester faces up to 5 years in state prison as a second felony offender.

He made the deal with an informant from Orleans County, which is why the case is being handled in Orleans County. Brockport is located in neighboring Monroe County.

However, there were questions about jurisdiction for McMorris because she didn’t initiate the sales with the Brockport delivery.

After reviewing case law, Orleans County Court Judge James Punch said McMorris can be tried in Orleans County, where the informant originated from.

McMorris pleaded guilty to attempted criminal sale of a controlled substance in the third degree. She will be sentenced on Aug. 17.

Mark Gregori, formerly of Elba but now of Orleans County, was sentenced to a year in state prison for violating probation.

Gregori, 52, admitted he has struggled to overcome drinking and drug problems. He asked that he be sentenced to a halfway house.

“He has a demon he cannot overcome by himself,” his attorney Matt Becker told Judge Punch.

Punch said Gregori has been on probation three times without success.

A Lockport woman also pleaded guilty to drug charges today. Katrina Drake has been accepted into the Drug Court program. If she completes the program, the felony charges of fifth-degree criminal possession of a controlled substance will be dismissed and she will instead face a misdemeanor charge of criminal possession of controlled substance in the seventh degree.

Drake, 24, was arrested in December after selling and distributing prescription narcotics in Albion. She admitted in court today she was selling hydrocodone pills.

If Drake is unsuccessful in Drug Court, she could be sentenced to up to 2 ½ years in state prison.

Several plead guilty to crimes in Orleans County

By Tom Rivers, Editor Posted 5 May 2015 at 12:00 am

ALBION – Several people pleaded guilty in Orleans County Court on Monday, and they could face time in jail or prison.

Amanda L. Major, 24, of Medina admitted 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.

As part of a plea deal, Major would avoid state prison and be sentenced to up to a year in county jail. If Judge James Punch decides on state prison for Major, she can reject the plea deal and go to trial.

Major, a first-time offender, will be sentenced on July 13.


In other cases in County Court:

Three people that were arraigned in March on fourth-degree criminal possession of a controlled substance pleaded guilty to reduced charges and will enter Drug Court. If they can pass Drug Court – staying off drugs and not committing additional crimes – their felony charge will be dismissed and they will instead have a misdemeanor drug charge with no jail time.

Nathan L. Parsad, 24, of Williamson, was driving on Jan. 12 on Ridge Road in Gaines when he was in an accident. Parsad and two of his passengers – Caitlin E. Jones, 29, of Canandaigua and Eric L. Shirley, 28, of Canandaigua – all faced drug charges after police found drugs in the vehicle.

The three all told Judge Punch they knew there were drugs in the car and that they intended to use the drugs.

They pleaded guilty to criminal possession of a controlled substance in the fifth and seventh degrees. If they pass Drug Court, the fifth-degree charge will be dismissed.


An Albion teen admitted he entered a house on West Park Street without permission and stole from the owner on Aug. 18.

Corey Baerman, 18, faced a charge of second-degree burglary, which carries a maximum of 15 years in state prison. But in a plea agreement, he pleaded guilty to attempted second-degree burglary which carries a maximum of 1 1/3 to 4 years in state prison if he is granted youthful offender status by Judge Punch.

If Baerman is not given youthful offender status, he would face a maximum of 2 to 7 years in state prison for attempted second-degree burglary. If the judge decides against youthful offender status for Baerman, he can reject the plea and go to trial.

Baerman said the house was unlocked when he went inside.

“Did you go into the house with the intent to steal something?” Punch asked Baerman.

“Yes, sir,” he answered.

Baerman will be sentenced on July 13.


A Holley woman admitted she violated her probation by driving a vehicle without a license, drinking alcohol, driving without an interlock ignition device, and missing several probation appointments.

Dana Hubler will be sentenced on June 1 and could face up to 4 years in state prison.

Man who stole and forged checks gets state prison

By Tom Rivers, Editor Posted 4 May 2015 at 12:00 am

ALBION – A Lockport man who pleaded guilty to grand larceny in December was sentenced today in Orleans County Court to 2 to 4 years in state prison.

Richard Wheeler, 45, admitted in a previous court appearance that he took checks from a local farmer, forged signatures and cashed them. As part of a plea deal, he was ordered to pay $4,971 in restitution. Wheeler worked for the victim in the crime, according to the District Attorney’s Office.

Wheeler has a prior driving while intoxicated conviction, making him a second felony offender. That required Judge James Punch to sentence Wheeler to at least half of the maximum sentence, the judge said.

Rochester man could get 5 years for selling cocaine

By Tom Rivers, Editor Posted 4 May 2015 at 12:00 am

ALBION – A Rochester man could face up to 5 years in state prison after he admitted in Orleans County Court today that he sold cocaine.

Keith Toney, 36, of Rochester faces up to 5 years in state prison as a second felony offender.

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.

Toney admitted in court today 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 today 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.

He made the deal with an informant from Orleans County, which is why the case is being handled in Orleans County Court. Brockport is located in neighboring Monroe County.

Judge James Punch wanted another week to study the case law regarding whether McMorris’s crime should be handled in Orleans County. She said she didn’t make the phone calls or have contact in Orleans County with the drug buyers. She said she was delivering the drug for Toney.

District Attorney Joe Cardone said case law supports McMorris being tried in Orleans County as an accomplice to the sales arranged by Toney.

“We’ll check the jurisdictional aspect,” Punch said. “It’s an unusual case.”

McMorris, a first time felony offender, is due back in court on May 11.

Toney will be sentenced on Aug. 17.

4 plead guilty to crimes and could get state prison/county jail

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

ALBION – Four people pleaded guilty to crimes in Orleans County and could face time in state prison or county jail when they are sentenced.

A Medina resident could spend up to five years in state prison for selling cocaine in Medina. Andre D. Shine, 31, of Starr Street, admitted in court on Monday that he sold cocaine on Jan. 25.

He pleaded guilty to attempted criminal possession of a controlled substance in the third degree. As a second felony offender, the charge would normally carry an 8-year maximum in state prison. As part of a plea deal, Shine would face no more than 5 years. If Judge James Punch says Shine should get more than 5 years in prison, Shine can reject the plea offer and go to trial.

Shine has been in jail on $150,000 bail since January. His attorney, Nathan Pace, asked that bail be lowered to $25,000. Punch reduced it instead to $75,000.

Shine will be sentenced on July 6.


In other cases:

Curtis Stipp, 23, of Countyline Road in Middleport pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 1 to 2 ½ years in state prison.

Stipp admitted he had “100-some” pills of oxycodone and intended to sell it on Nov. 22, 2013. He will be sentenced on July 20.


A resident of Miami, Florida, pleaded guilty to violating his probation and was sentenced to a year in the county jail.

Felix Darias, 52, admitted he went to another location without telling the Probation Department, which constitutes a substantial violation of probation.

In February 2012, he was arrested for allegedly possessing fraudulent credit cards and attempting to use them to purchase merchandise at the Wal-Mart in Albion.

Darias could have faced 2 1/3 to 7 years in state prison without the plea deal. Judge Punch gave Darias a year in the county jail, with the sentence to take effect immediately.


Lazaro Botello, 24, of Center Road in Kendall pleaded guilty to operating a vehicle under the influence of alcohol on Nov. 26 in Orleans County, when he had a Blood Alcohol Content of 0.21 percent, more than twice the legal limit.

Botello has a prior conviction of driving under the influence of alcohol in June 2012 in the Town of Sweden.

He could face a maximum of 1 1/3 to 4 years in state prison. But as a part of a plea deal, he will face no more than a year in the county jail, plus five years on Probation.

He will be sentenced on July 6.

Holley man, 24, sentenced to jail for burglary

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

ALBION – A Holley man who broke into an Albion house and stole guns was sentenced to six months in jail, with the sentence to start May 9, a day after he takes his college final exams.

Orleans County Court Judge James Punch on Monday gave Jacob Haundenshield, 24, the six months in jail despite a request from Haundenshield’s attorney, Michael O’Keefe, for probation and no jail time.

The victim of the crime, a 77-year-old man, asked the judge for leniency in sentencing Haundenshield.

“I’m 77 and my days are waning,” the man told the court during sentencing. “I want him to have a fresh start. He’s 24 and just starting out in life.”

The man said he has been affected by the crime. Some of the guns, which date back more than 50 years, haven’t been recovered.

“My personal space was violated,” he said.

Haundenshield apologized for his actions.

“I’m really sorry for everything that has happened,” he said.

Judge Punch said the crime of third-degree burglary warranted time in jail. Haundenshield will also be on probation for 5 years and must pay $7,609 in restitution.

“You see the effect it has on people,” Punch told Haundenshield about the crime. “Their sense of security is gone. This man worked hard for his property and you walk in and take it.”

After the sentencing, Haundenshield’s mother walked up to the man who was burglarized and hugged him.