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Man who hit garage while driving drunk sentenced to prison

By Tom Rivers, Editor Posted 27 February 2018 at 1:48 pm

ALBION – An Albion man who was intoxicated and drove into a garage with a stolen car about a year ago was sentenced on Monday to 1 1/3 to 4 years in state prison.

Joshua Biaselli, 33, pleaded guilty to felony driving while intoxicated on Nov. 27.

Biaselli’s attorney Brian Degnan asked for time served for Biaselli with no additional incarceration. Degnan said Biaselli has been in jail since his arrest on Feb. 10, 2017.

Biaselli has been “locked up” on and off for 25 years, his attorney said. He was allegedly driving drunk and high from using cocaine and marijuana on Feb. 10, 2017. Biaselli had been released from state prison in Elmira in January 2017 after serving more than five years in prison for felony DWI, bail jumping and drug convictions. About a month later, he was arrested again.

Now, for first time, Degnan said Biaselli is taking his mental health and substance abuse issues seriously.

“I am no longer the person I was,” Biaselli told Judge Sheldon. “I am capable of much more.”

Biaselli caused $3,531 in damage when he crashed into a garage on Gulf Road in Murray, Assistant District Attorney Susan Howard said.

However, Biaselli won’t have to pay restitution because it wasn’t mentioned during his plea on Nov. 27. Judge Sara Sheldon asked Biaselli if he would be willing to pay restitution, but he declined.

“The prospects of him paying it off are slim to none,” Degnan said.

Sheldon said she couldn’t order restitution. She gave Biaselli prison time and urged him to take advantage of drug treatment, educational and other programs.

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

• In another case, Jeremy R. Johnson, 33, of Albion was sentenced to 5 years of probation and 2 months of weekends in jail after getting his third DWI. His previous convictions were in 2007 and 2009.

Johnson works full-time and is “actively engaged” in programs at GCASA.

Judge Sheldon said a report from Johnson’s counselor was among the most positive she has ever seen in her career as a judge. Johnson could have faced six months in jail as part of a plea agreement. Sheldon gave him a reduced sentence.

• Frank Ranallo, 47, of Medina was sentenced to a year in jail for violating his probation by not attending substance abuse and mental health counseling appointments. He also was using drugs, and committed another crime of attempted burglary.

He already has been in jail for about six months and that will count towards his sentence.

“I regret everything I’ve done,” Ranallo said. “The past three years have been terrible.”

(Editor’s Note: This story was updated from an earlier version that stated Biaselli was given a 2-year prison sentence.)

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