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November 25, 2015 - 5:38pm
posted by Raymond Coniglio in Genes County, economy, jobs.

Genesee County workers have something to be thankful for this season.

The unemployment rate — and the number of county residents without jobs — are both down, thanks in part, perhaps, to robust job creation in the Buffalo and Rochester regions.

Genesee County’s unemployment rate fell from 4.6 percent to 4.2 percent from October 2014 to October 2015, according to the New York State Department of Labor.

The Labor Department said there were 29,000 people with jobs in Genesee County, an increase of .2 percent from the 28,800 reported in 2014.

A total of 1,300 county residents are without jobs. That represents a decrease of .1 percent, or 100 people, between October 2014 and this year, the Labor Department said.

Jobless numbers were reported down in every county statewide. Unemployment in the Buffalo-Niagara region was 4.8 percent (down from 5.4 percent in October 2014), while the five-county Rochester region rate was 4.5 percent (down from 5.1 percent).

Unemployment rate figures are not seasonally adjusted, the Labor Department cautioned, meaning they do not reflect hiring related to holidays or the weather. Year-to-year comparisons are considered valid.

Between September and October 2015, the state’s seasonally adjusted unemployment rate decreased from 5.1 percent to 4.8 percent, its lowest level since 2007.

Meanwhile, the Labor Department on Tuesday said the state’s private sector job count increased by 168,600 from October 2014 to October 2015. The number of private sector jobs in New York state was a record 7,859,000.

The Buffalo-Niagara Falls and Rochester metro areas were among the top five in the state for private sector job growth.

Rochester added 8,400 private sector jobs between October 2015 and October 2014, an increase of 1.9 percent. Buffalo-Niagara falls added 8,700, an increase of 1.8 percent.

At the same time, Genesee County lost 200 private sector and government jobs, according to the Labor Department. That represents a decrease of .9 percent.

New York’s strengthening economy reflects the national outlook. U.S. economic growth during the third quarter was revised up to 2.1 percent, the New York Times reported Tuesday.

The U.S. Commerce Department had previously reported a rate of 1.5 percent, the Times said.

The news pleased economists:

For all of 2015, the rate of economic growth is expected to be about 2.5 percent, not much different from the 2.4 percent rate in 2014.

The tepid pace prompted Jan Hatzius, chief economist at Goldman Sachs, to call this the “tortoise recovery” in a recent note to clients. But that sobriquet does not mean the economy has been uniformly lackluster.

“While this expansion may go uncelebrated, growth in fact has been good enough to achieve a great deal of cumulative progress in the labor market,” he added. “We now expect that the U.S. economy will reach full employment within the next 12 months — the ‘tortoise recovery’ looks to be approaching the finishing line.”

November 25, 2015 - 1:48pm
posted by Raymond Coniglio in Le Roy, thanksgiving, Tom McGinnis.


Tom McGinnis loves Thanksgiving. It’s his favorite day of the year. 

And what’s love if it isn’t shared?

So once again on Thursday, McGinnis will open the doors of the “party barn” on his town of Le Roy property, for a community Thanksgiving dinner.

“Thanksgiving is my favorite day,” McGinnis said. “No matter what goes on for the rest of the year, on one day you take time to be thankful for what you have — or what you’ve been able to keep.

“Even as a kid, I liked Thanksgiving,” he added. “There are no presents to buy, you have friends around and you can help somebody who is less fortunate.”

McGinnis, who owns McGinnis Excavating, has been doing just that for 14 years. His invitation is extended to anyone in the Le Roy and surrounding communities who is in need, or just doesn’t want to sit home alone this year.

Typically, about 40 or 50 people stop in at some point every year.

Service begins about 6 p.m. Thanksgiving Day.

(Rides and deliveries are also available, but reservations are requested by 5 p.m. today. For information McGinnis Excavating at (585) 768-6769.)

“Last year we had some people from Mumford (and) Caledonia,” he said. “And we probably delivered a dozen dinners.

“I never know how many people we’re going to have, but we always have enough food,” McGinnis said.

This year, he’s stocked 50 pounds of turkey, two large hams, a pair of big pork roasts, plenty of squash and all the trimmings.

It’ll be cooked up and served in the “party barn” behind the McGinnis home on Gully Road.

There’s a joke about why so many men love Thanksgiving: They enjoy a feast while the women are stuck doing all the work.

Not so for McGinnis. A few friends always arrive early to pitch in, but he will probably take care of about 90 percent of the preparation and cleanup himself.

“That’s my hobby, cooking,” McGinnis said. “So I share it with people and hope they enjoy.”

November 25, 2015 - 1:47pm
posted by Billie Owens in batavia, sundial, centennial.

A worker is preparing the foundation for a sundial so it can be permanently placed in the plaza in front of Batavia City Hall.

The Batavia Centennial Committee and its Legacy Sponsors are going to present the sundial as a gift to the city.

The sculpture, designed by local architect Ed Smart, is made of steel and teak, with stainless steel lettering, and is said to be virtually maintenance free. It costs $15,000 to $20,000 and is being paid for by the contributions several local businesses made to the Centennial Celebration as "Legacy Sponsors."

There's no expense to the city. The City Council has already approve placement of the sculpture on city property.

November 25, 2015 - 1:34pm
posted by Billie Owens in crime, Darien, Le Roy, Pavilion.

Michael A. Hahn is indicted for the crime of criminal sale of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 25, 2014, in the Town of Darien, that Hahn knowingly and unlawfully sold a controlled substance, methamphetamine. In count two, Hahn is accused of criminal possession of a controlled substance in the fifth degree, also a Class D felony, for allegedly knowingly and unlawfully possessing methamphetamine with the intent to sell it.

Jequan D. Patterson is accused of driving while intoxicated, as a Class E Felony. It is alleged that on July 8 in Le Roy, Patterson drove a 2015 Kia on I-90 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In count three, he accused of aggravated driving while intoxicated, as a Class E felony, for having a child age 15 or less as a passenger. In count four, Patterson is accused of aggravated driving while intoxicated for allegedly having a BAC of .08 percent or more while a child age 15 or less was a passenger. In count five, Patterson is accused of the crime of endangering the welfare of a child for allegedly knowlingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. Also, Special Information is filed for this indictment by District Attorney. It accuses Patterson of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 27, 2006, in City of Rochester Court and that was within 10 years of the commission of the crimes now alleged.

David M. Heschke is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged that on May 3 in the Town of Pavilion that Heschke drove a 2006 Nissan on Route 20 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In count three, he is accused of first-degree aggravated unlicensed operation, a Class E felony, for driving while allegedly knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while allegedly intoxicated. Also, Special Information is filed for this indictment by District Attorney. It accuses Heschke of having been convicted of the crime of DWI on Sept. 5, 2012, in Town of Batavia Court and that conviction forms the basis of the revocation referred to in count three of this indictment.

November 25, 2015 - 10:11am
posted by Howard B. Owens in crime, batavia, corfu, Le Roy.
  James Spivey

James J. Spivey, 17, of Child Street, Rochester, is charged with burglary, attempted second-degree assault, and endangering the welfare of a child. The youth is accused of entering Batavia High School without permission with the intent to fight a student there. The defendant did allegedly engage in a fight with the student, who is under age 17, and during the fight used a dangerous instrument in an attempt to injure the student.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise from the Rite Aid on West Main Street Road, Batavia.

Tyler Austin Stoddard, 21, of Meiser Road, Corfu, is charged with making graffiti. Stoddard was arrested on a warrant. He is accused of drawing a picture of a penis on the wall of the ATM at the M&T Bank branch in Corfu.

Michael F. Geer, 24, no permanent address, is charged with burglary, 2nd, petit larceny, unauthorized use of a motor vehicle and criminal mischief, 4th. Geer allegedly entered a residence on Trumbull Parkway, took the keys to a vehicle that was parked in the driveway, and unlawfully moved the vehicle, striking the back porch. He was jailed on no bail.

Amber N. Wallace, 26, of Swan Street, Batavia, is charged with petit larceny. Wallace is accused of drinking a "5-hour ENERGY" drink without paying for it while at work at a business on Jackson Street.

Michael A. Wroten, 48, of Highland Parkway, Batavia, was arrested on a warrant. Wroten was located by probation officers and turned over to Batavia PD. He was jailed on $2,500 cash bail.

Nikayla C. Jackson, 18, of Slusser Road, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. Jackson allegedly pushed another person and damaged property while inside that person's apartment at 8:25 p.m., Nov. 9.

Jessica L. Ford, 24, of Perry Road, Le Roy, is charged with violation of probation. Ford was arrested on warrants issued by City Court.

Deborah R. Blatt, 54, of East Main Street, Batavia, was arrested on a warrant. She was jailed on $5,000 bail.

Chercal A. Smith, 20, of Bank Street, Batavia, is charged with violation of probation. Smith was observed by Officer James DeFreze, who was aware of a warrant for Smith's arrest, on Court Street. Smith was taken into custody without incident.

Cody N. Proefrock, 23, of West Court Street, Warsaw, is charged with aggravated unlicensed operation. Proefrock was arrested on a warrant for alleged failure to appear on the listed charges.

Sara A. Weaver, 46, of Watson Street, Batavia, was arrested on a warrant for alleged failure to appear in court and for aggravated unlicensed operation, 2nd. Weaver was arrested following a traffic stop by Officer Mitchell Cowen.

Nicholas G. Serret, 19, of 15 Dewain St., Rochester, is charged with unlawful possession of marijuana, a violation. The subject was a passenger in a vehicle stopped by Corfu Police for speeding on Route 77 at 2:34 p.m. on Nov. 24. The subject was allegedly found to have a plastic baggie containing about three grams of marijuana. The case was investigated by Corfu PD Officer Michael Petritz.

November 25, 2015 - 8:04am
posted by Billie Owens in accident, batavia.

A motor-vehicle accident with injuries is reported on the Thruway near mile marker 397.5, eastbound. Town of Batavia Fire Department and Mercy medics are responding.

November 24, 2015 - 8:28pm
posted by Howard B. Owens in batavia, Police Facility.


A month ago, council members, while discussing the proposed new police station, said the last thing they wanted to do was "kick the can down the road."

Monday, after hearing from a half dozen public speakers who had nothing good to say about the proposal, the sound of tin rattling on pavement could be heard quite distinctly in City Hall.

"I'm suggesting that we put a task force together to see if it is possible for a merger or consolidation between the police department and the sheriff's," said Council President Brooks Hawley. "Before we can move forward with spending any money at all, we need to do our due diligence before we spend taxpayers' money."

We've been down this road before, and it got the city nowhere, said Councilman Eugene Jankowski, a former Batavia police officer.

"I've been involved in several projects where the Police Department and Sheriff's Office were going to merge and unfortunately for the Sheriff, the city caused so many delays that the Sheriff was delayed in building (a new building) at least five years, maybe longer," Jankowski said. "Every time the project came up, someone suggested merger and that would scare everyone off, things would go away. To get things done, the Sheriff, who was waiting and waiting, finally out of frustration, he couldn't wait any longer, he had his new building built. 

"There were many opportunities for this to happen and it was passed by for whatever reason," Jankowski added.

Then Jankowski endorsed the idea of a feasibility study being completed on a possible merger of departments.

Most of the anti-police-station speakers called for a merger or elimination of the city police force.  

"Spending $10 to $14 million on a new police station is an awful waste of money," said Peter Garlock, who served on the police facilities task force that met more than a dozen times over a seven-month period and came up with the recommendation for a new police station on Swan Street.

Dave Olsen, president of the Genesee County Libertarian Party (top photo), suggested the city's law enforcement needs could be met through private security, volunteers in homeowners and business associations and citizens with the legal right to carry firearms.

"More government means more taxation and it makes citizens less free by taking a portion of their income and choice away," Olsen said.

While under current circumstances (which delays could change), it's likely the new police station could be built without the city increasing its current debt load or raising taxes (see the financing memo in the council's Oct. 26 agenda (pdf), several speakers objected to the proposal based on assumptions of increased debt and higher taxes.

  • Bob Bialkowski: "Batavia is a community of low, low middle-income families. We do not want to be saddled with any more debt."
  • Jim Rosenbeck: "We should also ask how building a new police station impacts the taxes on our aging and declining population? What are the tax implications for our local downtown businesses, some of which are struggling?"
  • Rosenbeck: "I sympathize with the police who find their current home is aging and deteriorating. We would all probably like a new home, but often we can't afford it. We have to live within our means. We can't get everything on our wish list. I ask that you be responsible with our tax dollars."
  • Daniel DelPlato: "Taxes, you've got to keep them down. There are people on fixed incomes. We all know the prices of everything is going up. You've got to think about the senior citizens, even though there are not a lot of them here, you've got to represent them, too."

In contrast, David Lone (bottom photo), who served on the police facilities task force, said the council should consider the cost of kicking the can down the road.

"Interest on borrowing rates are right now at historic lows," Lone said. "That's one factor the council should take into consideration. If the decision is postponed for five or 10 years, interest rates may go up  two, three, four times what they are now. On a 20-year bond, you're talking of adding hundreds of thousands, if not millions, to the whole project by not taking full advantage of these historic low rates that are available."

While the council waits on a study -- which it didn't even explicitly authorize Monday night -- city staff is unable to move forward on the project. Purchase of the land can't be negotiated, which leaves it vulnerable to purchase by a commercial interest; nor can environmental studies be conducted to ensure it should be purchased or what it might cost to remediate; design work can't begin and financing can't get locked in. Meanwhile, the Federal Reserve is looking at the first interest rate hike in nearly a decade when it meets in December.

Not all the speakers were against building a new police station on Swan Street. Local businesswoman Diane Kastenbaum endorsed the idea.

"We do need a new station and the time to move on  it is now," said Kastenbaum, who said she's recently added 10 employees to her company's workforce and plans to hire more. "Our population is not in decline. I see signs of hope, signs of growth, and I think there will be more of a demand for a state-of-the-art police station in our community."

There was some talk of exploring shared services with the Sheriff's Office to eliminate duplicate work and reduce costs and perhaps eliminate the need for a new police station.

Rosenbeck noted that city property owners pay for both the Batavia PD, through city taxes, and the Sheriff's Office, through county taxes.

"One good question we should be asking -- what are we currently getting from the county in return for our funding the city police and the county sheriff's services," Rosenbeck said. "Are there ways we can get greater value from a city-county partnership, with smart sharing of costs, services and possible facilities?"

Jankowski had the answer:

  • The city's inmates are housed in the county's jail at no charge to the city;
  • Arrestees are photographed and booked by jail staff, so city patrols get back on the road quicker;
  • Deputies transport the city's inmates to and from the courthouse at no charge to the city;
  • The Sheriff's Office handles all dispatch for police, fire and DPW, saving the city $100,000 a year, as well as providing the radio system and patrol computer system along with technical support;
  • Deputies provide security for City Court;
  • The county pays for all medical treatment for the city's inmates.

In addition, Jankowski said, the Sheriff is very generous with Homeland Security grants. The Sheriff's Office purchased the city's ERT vehicle, trains the ERT team, provides it with body armor and provides a third of the personnel in the ERT team. The Sheriff's Office also manages the drug task force.

"How much more can we dump on the Sheriff?" Jankowski said. "He's pretty much already doing everything for us except patrol. At some point, the city has to take responsibility and patrol it's own backyard."

John Roach noted that any discussion of shared services really just means elimination of the police department, and that's the central question the council needs to answer. Is it willing to eliminate Batavia PD? If not, then move on and select Swan Street for the new police station.

It's a better option, he said, than trying to once again renovate the Brisbane Mansion.

"Building new is cheaper," he said.

Councilwoman Patti Pacino is in favor of Swan Street, but said she is willing to go along with a feasibility study if it doesn't cost a lot of money.

"I don't want a study that's just another study that gives us an answer," Pacino said. "If we do a study, fine, but I don't want to pay $30,000 for it. I don't want someone else to come in and look at it. People of Batavia know more about what we want in Batavia than anybody we could get to come in and do a study."

Several council members suggested that the county should pay half the cost of a feasability study.

Reached today, County Manager Jay Gsell said the county would be happy to the help the city in a grant application to the state to fund a study, but the county's budget for 2016 is set.

"I haven't had a discussion with Jason yet about how far they would want to go in terms of further discussion before they start looking at just building a separate and discreet police facility," Gsell said. "The county is open and amenable to having further dialogue and getting real serious about what the future holds for law enforcement in Genesee County. Certainly, we can go to the state to get the funding for further analysis."

Gsell noted, the city and county have been down this road before. There was talk of moving both departments into what is now the court facility, with a third and fourth floor atop the structure we know now, and when the Sheriff's Office built its new facility on Park Road. He understands, he said, the council's desire to do the same due diligence now.

"Whenever you get ready to spend between $10 to $17 million, you don't do that based on thinking not everything has been examined fully, and I think that's all they're looking at doing right now," Gsell said.

Merging departments is a complex consideration said Sheriff Gary Maha. A fully funded study would be necessary to determine potential cost savings, if any, and the impact on both departments.

There's certainly high near-term expense for new uniforms, car decals, equipment and training, Maha said.

Such a feasibility study was undertaken for Jamestown PD and the Chautauqua County Sheriff's Office in 2009, and that potential merger is still pending, Maha noted (The state issued a $400,000 grant for the study.)

"It's not a simple issue, but worth looking at if that's want they want to do," Maha said.


November 24, 2015 - 3:49pm
posted by Howard B. Owens in Larry's Steakhouse, batavia, business, downtown.


There's been too much bad news in the world recently, so Brenden Mullen, co-owner of Larry's Steakhouse, on Main Street, Batavia, decided he wanted to do something good.

Larry's will be open from 4 to 8 p.m. Thanksgiving Day serving free meals to "anybody and everybody" who wants to stop in.

The meals will include turkey, mash potatoes and gravy, stuffing, squash and cranberry sauce along with a slice of pumpkin pie.

All for free.

"Somebody very dear to me, touched my life, had a positive impact and made me want to better myself in any way I can," Mullen said. "I thought it might be a step in the right direction."

Word has spread quickly on social media, Mullen said, and just today he got a touching call from an administrator at Batavia High School who said a student who had been wondering what he would do on Thanksgiving, with no place else to go, heard about the community meal and now he plans on being at Larry's.

That really touched Mullen, he said. It's hard to believe in this day and age a high school student would need some place to go on Thanksgiving Day, but there are people in our community with all kinds of needs, he said, and perhaps his gesture will help a few people out.

He just came up with the idea Saturday, enlisted the chef to help, and started getting things organized. He doesn't know what to expect and said additional volunteers to help are welcome.

"I thought it would be a good way to do something good for the community," Mullen said. "Like I said, I just get sick of reading the news, turning on the TV, and it's nothing but bad news anymore, so I wanted to give people a reason to smile and feel good about something."

November 24, 2015 - 11:55am
posted by Howard B. Owens in Genesee Chorale, batavia, music, arts, entertainment.


The Genesee Chorale held a rehearsal Monday night in preparation for its show at 7 p.m., Dec. 4, at St. James Episcopal Church.

Directed by Ric Jones, the show is Christmas-themed and the performance is titled "Our Hope is a Child." Tickets are $8 presale and $10 at the door, and can be purchased online at

The show will include what is billed as an "energetic" version of "Hark! The Herald Angels Sing!" with four-handed piano accompaniment, with Doug Hansen and guest pianist Henry Emmans. The Genesee Children's Chorus will also be featured on a number of pieces. Fran Thomas also performs a solo.






November 24, 2015 - 11:25am
posted by Howard B. Owens in rocket car, charles thomas, batavia.


Restoration work on the "Rocket Car," originally built in Batavia in 1938 by Charles D. Thomas and Norman Richardson, is under way at Dick McClurg's garage.

Top photo shows, the motor and a damaged fender have been removed.


McClurg found a 1938 or '39 flathead, so it's period-correct, in Lockport. The original engine (which wasn't in the car when it was purchased, having probably been replaced in the 1950s) was a 1934 or '35 flathead. The "new" engine is "turnkey ready," McClurg said. It just needs to be dropped into place.


McClurg has started removing the interior. The seats and windows are out. Next, and it will be tough, possibly, the dashboard.


The hood is off.


The seats are out. They will be sent to another shop to be reupholstered.


This picture may not show it well, but McClurg found an interesting innovation in the front "bench seat." Typically, a bench seat is one piece across the width of the car, that's why it's called a bench seat. The Thomas car is a two-door but had a rear passenger seat. McClurg figured Thomas designed the car with a rear seat, but not much thought that anybody would actually ride in it because it would be too hard to get to the back with the bench seat in place. What Thomas designed, however, was a partially hinged bench seat. On each end of the seat is a side wing that can be folded down or locked in place.


November 23, 2015 - 9:04pm
posted by Raymond Coniglio in Le Roy, zoning board of appeals.

The Village Board is taking a wait-and-see approach to the future of Le Roy’s Zoning Board of Appeals, Mayor Greg Rogers said.

The wait, is for a public hearing scheduled next month.

Everyone will see what happens after that, Rogers said.

The Town Board voted unanimously Nov. 12 to withdraw from the joint town/village ZBA, and to consider a local law that would establish a new, three-member board next year.

The proposal will be the subject of a public hearing during the Town Board meeting on Dec. 10.

The Village Board discussed the issue in executive session last week, but took no action.

Rogers said he generally favors consolidation. Reestablishing a village ZBA after a decade without is “not the direction we really wanted to go,” he said.

“If they decide to go that route, we’re going to have to have our own Zoning Board of Appeals,” Rogers said. “But we’ll wait until they finalize it before we come up with a plan of action.”

At the very least, a new ZBA would add a line to the village budget.

Town Supervisor Steve Barbeau said depending on what the Town Board ultimately decides, separate ZBAs could cost less money overall.

The Le Roy ZBA generally meets once a month. Each of its five members is paid $45 for each meeting, and the chairperson is paid $10 extra.

The secretary, who does not vote, is paid $65 a meeting.

The cost is currently part of the town budget, paid out of the town-wide “A” fund. A separate town ZBA would be paid out of the “B” fund, which is supported only by taxpayers of the town outside the village.

Barbeau said town and village ZBAs may be able to meet only alternate months. Ultimately, that would slightly reduce costs to both the town and village residents.

November 23, 2015 - 7:00pm
posted by Raymond Coniglio in Le Roy, wolcott street school.


Signs posted in store windows along Le Roy’s Main Street — like this one in the Townsend Energy building — congratulate Wolcott Street School’s designation as a 2015 National School of Character.

The school provided nearly four dozen signs to local businesses.

The elementary school was named a National School of Character in May by Wolcott Street School is among only 64 schools and three districts honored this year.

Students and faculty celebrated the award with a rally and assembly on Nov. 6.

November 23, 2015 - 5:37pm
posted by Billie Owens in crime, batavia, byron, corfu.

Brad L. Ohlson, 38, of Walnut Street, Batavia, is charged with third-degree assault. He was arrested on Nov. 20 after an incident occurred at 3:51 p.m. on Central Avenue. It is alleged that Ohlson struck another person, causing the person to fall and strike a door, causing physical injury to that person. Ohlson was issued an appearance ticket and is to be in City Court on Dec. 8. The case was handled by Batavia PD Officer Chad Minuto, assisted by Officer Mitchell Cowen.

Christopher J. Simmons, 42, of Wayneport Road, Macedon, Leanna J. Williams, 25, of St. Paul Street, Rochester, and Anthony J. Stagnitto, 26, of West Ridge Road, Rochester, were arrested Nov. 21 after the trio was allegedly involved in shoplifting at Kohl's department store in Batavia. The vehicle used in the crime was stopped on Noonan Drive near the intersection of Oak Street by city Police officers. It is alleged that Simmons entered the store and removed items while Williams drove the getaway car, picking Simmons up by the front doors and speeding away. Stagnitto was a passenger and identified himself falsely as another person because he had a felony arrest warrant out of Monroe County for him. Stagnitto was turned over to the Monroe County Sheriff's Office and is charged with criminal impersonation, a misdemeanor. Simmons was jailed without bail and is to reappear in Town of Batavia Court on Nov. 30. He is charged with a felony -- fourth-degree grand larceny, and he was also issued an appearance ticket for criminal possession of a controlled substance, 7th, which is a misdemeanor, and is due in City Court on Dec. 14. Williams was issued an appearance ticket for fourth-degree grand larceny, a felony, and is due in Town of Batavia Court on Dec. 17. The case was investigated by Sheriff's Deputy Rachel Diehl and Deputy John Baiocco, assisted by Deputy Christopher Parker, and Batavia PD officers Marc Lawrence and Frank Klimjack.

James A. McCormick, 23, of Kendall Road, Churchville, is charged with moving from lane unsafely, driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent of higher at the time. He was arrested after a motor-vehicle accident at 12:43 a.m. on Nov. 22 on North Lake Road, Bergen. His vehicle went off the roadway and struck a utility pole. He was issued an appearance ticker for Town of Bergen Court at a later date and time. The case was handled by Sheriff's Deputy Andrew Hale, assisted by Deputy Joseph Corona.

Armand M. Gioia, 28, of Hall Street, Batavia, is charged with driving without a license, driving while intoxicated -- first offense, operating a motor vehicle with a BAC of .08 or more -- first offense, and unsafe backing of a vehicle. Gioia was stopped at 1:20 p.m. on Nov. 15 on East Main Street, Batavia, after he allegedly struck another vehicle in the parking lot of a local restaurant. He is to be in City Court on Dec. 2. The case was handled by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Marissa Anne Brennan, 22, of North Byron Road, Byron, is charged with fourth-degree grand larceny. She was arrested at 2 p.m. on Nov. 17 for allegedly stealing property in excess of $1,000 in value. She was put in jail on $2,500 bail. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy James Diehl.

Randy Dumbleton Jr., 32, of 3322 W. Main St., Batavia, is charged with criminal possession of a controlled substance, 3rd, a Class B felony, unlawful possession of marijuana, and criminal use of drug paraphernalia, 2nd. During a residence check on Nov. 21 at 7:26 a.m. by NYS Parole, the subject was allagedly found to possess a quantity what is suspected to be crack cocaine and marijuana. He was taken into custody and given no bail. The case was handled by Sheriff's Deputy Lonnie Nati, assisted by Deputy Chad Minuto.

A 16-year-old who lives on Central Avenue in Batavia is charged with disorderly conduct for fighting. The teen was arrested on Nov. 19 at Batavia High School for fighting with another student in the hallway. The teen was issued an appearance ticket and released. The case was handled by Batavia PD Officer Marc Lawrence.

Frank Lynn Morrison, 34, of West Main Street Road, Batavia, was arrested on a bench warrant for failing to appear in court on a charge of third-degree aggravated unlicensed operation of a vehicle. Arfter being arraigned in City Court, he was released and went to the City Clerk's Office and posted a fine of $135. He is scheduled to pay the remainder of his fines in increments. A return court date was not set. The case was handled by Batavia PD Officer James DeFreze.

Joshua M. Pierce, 20, of Meadowbrook Terrance, Corfu, is charged with unlawful possession of marijuana and speeding. On. Nov. 22, at 9:39 a.m. Pierce was stopped on Denio Street by Batavia PD for a speed violation. At that time, Pierce was allegedly found to possess marijuana. He was issued an appearance ticket and in due in City Court on Dec. 8. The case was handled by Batavia PD Officer Arick Perkins.

Jeremy David Holmwood, 24, of Corinthia Street, Lockport, is charged with possession of a hypodermic instrument. He was arrested on a bench warrant for allegedly failing to appear on previous charges on Nov. 4. He was jailed on $1,000 bail. The case was handled by Sheriff's Deputy Ryan DeLong.

Chong Christian Nimora, 35, of Metropolitan Drive, Rochester, was arrested on a bench warrant out of Town of Batavia Court for a charged on Nov. 7 of petit larceny. She was released on her own recognizance. The case was handled by Sheriff's Deputy Ryan DeLong.

Bleyke Z. Culver, 19, of Ellsworth Avenue, Batavia, was arrested after a bench warrant was issued through City Court for Culver's alleged failure to pay a fine in regards to owning/harboring an unlicensed dog. He posted bail and was released and is to return to court on Dec. 8. The case was handled by Batavia PD Officer Jamie Givens.

November 23, 2015 - 4:31pm
posted by Howard B. Owens in crime, UMMC, batavia, Attica.

An Attica woman who was arrested for attempting to bite an emergency room nurse and punching her several times in the stomach will spend at least a year-and-a-half in State Prison after pleading guilty this morning to attempted assault in the second degree.

In an unusual twist, she was also sentenced today.

Kerri L. Forsberg, 43, of Alexander Road, Attica, who appeared in court in a wheelchair, has medical issues that meant she couldn't be housed in any of the county jails Genesee County uses to hold female inmates. In those circumstances, the state will hold an unsentenced inmate, and at no cost to the county, said District Attorney Lawrence Friedman.

The difficulty, however, is that Forsberg was held in Bedford, and Genesee County deputies were required to take her back and forth between the prison and her court appearances.

So some of her appearances were actually waived, including her plea-cutoff. She was planning to take her case to trial, Friedman explained, but when she changed her mind and decided to take the plea offer, arrangements were made for Forsberg to enter her plea and be sentenced on the same day.

Friedman said the Probation Department was "great" for their handling of the expedited pre-sentence investigation. Investigators obtained the case file this morning, combined it with Forsberg's PSI from a previous case in Wyoming County, and were able to meet the deadline of 4 p.m. for the completed report.

Forsberg is eligible for release in one-and-a-half years, but could serve up to three years. She was sentenced as a second felony offender.

She was arrested in early July for attempting to bite a UMMC nurse and punching her in the stomach.

November 23, 2015 - 11:09am
posted by Howard B. Owens in crime, Bethany, pembroke, corfu.
   Hannah Dibble

The driver in an accident in Bethany in February that claimed the life of an 18-year-old Genesee Community College student entered a guilty plea in County Court this morning to one count of second-degree vehicular manslaughter and DWI with a plea deal that caps her sentence to six months in county jail and five years on probation.

Hannah C. Dibble, 22, of Corfu, will also lose her driver's license and any vehicle that she might drive will be required to have an interlock ignition device.

After going through a series of alcohol-rehabilitation treatments, Dibble was scheduled to appear in court this morning with her attorney Benjamin Bonarigo on a hearing for motions to suppress some evidence in the case, but when the case was called, ADA Will Zickl told Noonan a plea deal had been reached in the case.

Dibble was at the wheel of a 1997 Chevrolet Geo on Feb. 21 when it crossed Route 20 at Molasses Hill Road, Bethany, and was struck by a semi-truck.

There were four passengers in her car at the time, including Alyson D. Krzanak, 18, of Corfu, who died as a result of injuries sustained in the crash. Suffering serious physical injuries in the collision Feb. 21 were James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20.

Bonarigo informed the court that Dibble remains in in-patient treatment and will enter a halfway house shortly after the first of the year.

The terms of the sentence are known as "shock probation," giving a defendant a taste of jail and five years of rules to follow and monitoring after release.

Sentencing is scheduled for Feb. 23.

After the case was adjourned, Judge Robert C. Noonan told Dibble, "I'm happy to see the recent report (on her progress), especially after the stumble you took early on, so keep on the right track."

November 23, 2015 - 10:35am
posted by Howard B. Owens in crime, batavia.

Three men accused of assaulting another person April 29 on Holland Avenue entered guilty pleas in County Court this morning, though they did not admit to the actual crime.

Under an Alford plea, the defendants pled guilty because they believe a jury would likely convict them based on available evidence, but did not admit to the facts leading to the charge. 

The young men, Terrance M. SchrammTerrence D. Johnson, and Leonard A. Johnson III entered guilty pleas to second-degree assault under terms that would cap their sentences of six months in jail and five years probation, a term known as "shock probation," which is intended to give defendants a taste of confinement and monitored terms of behavior following release.

The victim in the case suffered an orbital fracture and lost of range of motion in one shoulder, said District Attorney Lawrence Friedman.

Witnesses said they saw four or five young men beating and kicking the victim.

The victim identified the defendants as three of the people who attacked him, but the other possible attackers have not been identified.

Previously: Grand Jury: Three men indicted for first-degree gang assault

November 23, 2015 - 8:50am
posted by Howard B. Owens in thruway, accident, pembroke.

A car has gone off the roadway and into the trees on the westbound side of the Thruway, in the area of mile marker 400.5.

Unknown injuries.

Pembroke and Indian Falls fire departments along with Mercy EMS dispatched.

UPDATE 8:59 a.m.: The driver has called dispatch and said she is not hurt.


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