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Judge gives Albion man 1 to 3 years in prison for violating probation with DWI

By Tom Rivers, Editor Posted 29 August 2017 at 8:21 am

ALBION – An Albion resident was sentenced to 1 to 3 years in state prison on Monday for violating his probation.

Luis Ramos-Perez of Albion was arrested for driving while intoxicated on April 29 by the state police. He has two prior felonies. One term of his probation was not to drink alcohol.

Ramos-Perez is married and is a proven hard worker for local farms, his attorney Nathan Pace told Judge Sara Sheldon.

Pace asked that Ramos-Perez be sentenced to six months in jail. Pace said he worries a state prison sentence could result in Ramos-Perez being deported. Ramos-Perez is in the country on a Green Card.

“He has shown a tremendous track record as a productive person in this country,” Pace said during sentencing.

District Attorney Joe Cardone said Ramos-Perez was already on probation when he committed a new offense. The DA asked for the state prison sentence.

“There are plenty of other individuals who are hard workers who follow the laws,” Cardone said.

Sheldon, the acting Orleans County Criminal Court judge, gave Ramos-Perez the maximum for sentence for violating probation and aggravated unlicensed operation of a motor vehicle.

She said he committed the latest offense while he had a child in the car.

In other cases in County Court on Monday:

• An Albion man who has asked for a different assigned counsel was granted a new attorney, but this time Joshua D. Biaselli has to pay the costs.

Biaselli, 33, no longer will be represented by David Wade. This is the second assigned counsel Biaselli has complained wasn’t doing a good enough job.

Wade asked to be released from the assignment. He told the judge it was the first time he had ever withdrawn from an assignment.

“He’s not a good lawyer for me,” Biaselli told the judge.

Biaselli said he wants a lawyer who believes he is innocent of the charges and who doesn’t assume he’s guilty.

Biaselli allegedly stole a car and drove while under the influence of alcohol and drugs on Feb. 10. He has been in jail on $200,000 bail.

Biaselli 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.

Wade said he thought he heard Biaselli threaten to strike him during court on Aug. 7. Biaselli said he didn’t threaten Wade.

The attorney said the two have had a “civil conversation” and agreed to part ways.

The judge, however, said she would no longer assign a taxpayer-funded attorney for Biaselli. She gave him until Sept. 18 to hire a lawyer.

• The judge approved a judicial diversion program for Jenia Suarez-Jimenez, 26, of Medina. If she can complete the program and avoid using drugs her felony drug charge will be reduced and she will avoid going to jail or state prison.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum of 2 ½ years in state prison.

She was charged in April for allegedly selling hydrocodone in Medina and western Orleans County. She admitted in court to selling hydrocodone.

If she completes the diversion program, the charge will be reduced to criminal possession of a controlled substance in the seventh degree, and she will face a maximum of three years on probation. If she fails at the diversion program, which lasts 1 to 2 years, she will likely be sent to prison.

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