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Holley man gets 5 years in prison for sexual contact with young girl

By Tom Rivers, Editor Posted 27 November 2017 at 7:13 pm

ALBION – A Holley resident was sentenced to five years in state prison for first-degree sexual abuse.

David L. Durbano, 32, of Ridge Road admitted to sexual contact with a girl under age 11 in April.

The charge normally carries a maximum sentence of 2 to 7 years in state prison. As part of a plea deal, Durbano faced up to 5 years in prison when he was sentenced today.

Sara Sheldon, the acting Orleans County Court judge, gave him the maximum of five years in the plea agreement, as well as a maximum of 10 years of post-release supervision.

Durbano’s attorney Dominic Saraceno said Durbano has accepted responsibility for the crime and accepted the plea deal to avoid a painful trial for the victim.

“He is extremely ashamed and embarrassed by what he did,” Saraceno said during sentencing today.

Durbano apologized for the crime and told the judge he didn’t have any explanation for why he committed the sexual crimes.

“I’m very sorry for what I did,” he told Judge Sheldon.

“How does a man do this?” the judge asked him.

“I don’t know,” Durbano replied.

He also needs to pay a $1,000 crime victim fee and $425 court surcharge.

Durbano will be a registered sex offender when he is released from prison.

Two people pleaded guilty in other cases in court today:

• Joshua Biaselli, 33, of Albion pleaded guilty to felony driving while intoxicated and faces a maximum of 1 1/3 to 4 years in state prison when he is sentenced on Feb. 26.

Biaselli allegedly stole a car and drove while under the influence of alcohol and drugs on Feb. 10. Biaselli also allegedly crashed the vehicle into a garage on Gulf Road in Murray. He was allegedly driving drunk and high from using cocaine and marijuana.

Biaselli was released from state prison in Elmira in January after serving more than five years in prison for felony DWI, bail jumping and drug convictions. About a month later, he was arrested again.

Judge Sheldon urged him to take advantage of education and drug counseling programs while he is in jail until his sentencing.

If he shows progress, Sheldon told Biaselli today she would consider giving him less than the maximum when he is sentenced.

“Some people would say you are difficult,” the judge told Biaselli. “I wouldn’t say that. I think you’ve had a hard life. You’re 33. It’s time to be a man and pull yourself up by your bootstraps.”

• Shanya Beasley, 39, of Kingston Street in Rochester admitted she had cocaine with the intent to sell it in Orleans County on April 18.

She pleaded guilty to attempted criminal possession of a controlled substance in the third degree, and faces a maximum of 1 to 5 ½ years in state prison, plus 1 to 2 years of post-release supervision when she is sentenced on March 12.

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