batavia

Suzanne Corona admitted to a violation of her probation in Genesee County Court on Wednesday afternoon and therefore Acting Judge Michael F. Pietruszka allowed her to continue serving probation without any additional penalty.

"I put Amaretto in my coffee," she told the judge, explaining why a urine sample taken from her on March 21 tested positive for alcohol, which she is forbidden from imbibing under the terms of her probation.

The terms were set forth last year after she admitted selling $60 worth of suboxone, a controlled substance, to an undercover agent of the Local Drug Enforcement Task Force.

By pleading guilty on Aug. 3, she avoided serving up to one and a half years in prison and one year of post-release supervision and got probation instead, without objection from the DA's Office.

Although she got into trouble with the law several times during the period of 2010 and 2014, she had never faced a felony charge until then. As a first-time felony offender, the judge in the case, Robert C. Noonan, now retired, had leeway to give her jail time instead or probation.

Corona made headlines worldwide when she was arrested on an adultery charge in 2010 after being observed in an apparent sexual act with a man not her husband on a picnic table in Farrall Park. Then came accusations of shoplifting from a local restaurant, which led to a disturbance there and Corona being wheeled away on a gurney into a waiting ambulance, and various other shoplifting charges, including an arrest at Target on a day when a Sheriff's deputy was there doing a K-9 demonstration.

The Ousterhout Avenue resident avoided getting into trouble for a long time and then came the arrest for selling suboxone.

After testing positive for alcohol last month, she initially denied violating the conditions of her probation, then on the advice of her attorney, Brian Degnan, she reversed course. Even in court yesterday, after having conferred with her attorney, she at first refused to admit guilt.

Pietruszka asked if she was on medication and she said is prescribed medication for "mental health, pain, anxiety and thyroid." When asked, she said she has never been in treatment for drug addiction but she has, and continues, treatment for alcoholism.

Asked if she was satisfied with her attorney, she said yes, and acknowleged that her admission of guilt was being made without coercion or under any threat, and with the understanding that admitting the violation was the same as being convicted after a hearing in court.

The judge said in reviewing her file, he saw nothing to indicate an extra penalty would be imposed if she failed supervision. He said the interim supervision of probation imposed last summer would continue.

Corona, in her mid-40s, was easily the best-dressed person in the gallery of the courtroom Wednesday, admittedly not a high bar. She wore a short, navy blue, knit panel skirt and matching jacket, with buff-colored pumps, nude hose, a cloth shoulder bag with a long strap that had wide, bold navy and white stripes. Her chunky silver wristwatch was encrusted with crystals. French manicured nails, one fingertip painted navy; silver thumb ring and thin silver bangle earrings. Her perfume? "Juicy Couture."

After she left the courtroom by herself, she seemed relieved, the nervousness she conceded earlier abated. Asked how she ended up where she is, she sadly and briefly articulated the "rough road" of her upbringing and said she is working hard on her issues.

And Degnan couldn't help but note that for someone like his client to have only slipped up once in nearly a year is in itself an accomplishment.

"I pay $105 out of my own pocket for counseling, (I go) three times a week," she said proudly. "I don't get public assistance."

A car smashed into a tree and the driver is unconscious at 4000 S. Main Street Road. The vehicle is locked. Town of Batavia Fire Department and Mercy medics are responding. The location is between South Main Street and Fairway Drive.

UPDATE 7 p.m.: The driver came to after medics arrived and complained of chest pain. The patient was transported via ambulance to Strong Memorial Hospital. The person may have suffered a medical condition, but that's not certain, said Sheriff's Sgt. Ron Meides. The cause of the accident is under investigation.

A former crack cocaine dealer who lived on Summit Street in the City of Batavia and is now serving eight years in prison appeared in Genesee County Court today to have a court date set on new drug charges.

Philip R. Ayala, about 30, was indicted by a Grand Jury in January for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 9 in the City of Batavia that Ayala knowingly and unlawfully possessed a narcotic drug -- crack cocaine -- with intent to sell it. In count two, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more.

As a prisoner in the state Department of Corrections, he was in shackles and wore a forest green jumpsuit, shadowed by an armed prison guard wearing a bulletproof vest.

Ayala has until 9:30 a.m. on June 8 to accept a plea offer from the DA's Office on a single Class B felony charge of criminal possession of a controlled substance in the third degree. Otherwise, the case will go to trial on July 25.

According to assistant DA William Zickl, Ayala faces a maximum of up to 12 more years in prison.

"I would offer a plea to expose the defendant to additional incarceration," Zickl said after the court proceedings, adding that it is up to the judge to decide the length of the sentence under the provisions of the law and whether it would be concurrent or consecutive to the existing prison term.

Ayala has a criminal history.

After a raid by law enforcement in December 2014, Ayala pled guilty six months later to criminal possession of a controlled substance, 4th, a Class C felony. He was bailed out of jail and was scheduled to be sentenced last Aug. 4  to no more than five years in prison -- IF he didn't break the law prior to his sentencing.

But on July 9, while living on Vine Street in Batavia, he was arrested on a sealed warrant out of Orleans County. When he was arrested on that warrant, he allegedly had 62 bags of crack cocaine in his possession. Thus, January's Grand Jury indictment as noted above.

His attorney, then as now, is Jamie Welch, who maintained his client hadn't violated the plea offer because Ayala wasn't arrested specifically on the charges for allegedly possessing 62 bags of crack before the Aug. 4 sentencing date (technically, his arrest was due to charges contained in the sealed warrant), so the max prison time he should get is five years. Judge Robert C. Noonan, now retired, disagreed and determined Ayala indeed violated the plea offer, so the maximum eight years was imposed last summer.

At that time, Zickl told Noonan: "One thing that is clear is the defendant is deeply committed to drug dealing and undertakes it as a business venture. Ayala's criminal record and recent charges suggest he will never stop dealing drugs."

This afternoon, a dozen people, including an infant niece Ayala had never seen before, were in the gallery in support of Ayala.

When he stood to leave the courtroom with his guard, they shouted "We love you!" and "Keep your head up!"

Batavia's newest retail store promises to offer local shoppers unique items for the home, as gifts or perhaps, something special for yourself.

The business, at 202 E. Main St. (Masonic Temple, next to Charles Men's Shop), is really two stores in one and the result of a cooperative agreement between Leanna DiRisio and Ashley Bateman.

The Hidden Door is DiRisio's business and offers rustic, old-timey items that will add tasteful flare to home decor, and Pollyanna & Dot is Bateman's business and offers primarily new dresses in vintage styles.

"We thought this would be a great start for a new business," DiRisio said. "It's kind of like an incubator and if maybe we both grow a little bigger we can go out on our own."

Bateman said Mary Valle (Valle's Jewelry) brought DiRisio and Batemen together and suggested they find a way to partner to pursue their shared dream of owning their own retail shops.

The two aspiring entrepreneurs met, but weren't initially sure it would work out, but as time went on and they thought about it more, the idea started to make more sense.

Both have young children and by working together they can coordinate times to keep the shop open and take care of their kids and other family needs. 

"For me, it's always been something that I've wanted to do and I just figured with the changes going on my life, that if I don't do it now, I would never do it," said DiRisio, who praised a six-week entrepreneur-training program set up by the Batavia Development Corp. at Genesee Community College for giving her the confidence to move forward.

Batemen also thought this was the time to act rather than wait.

"There's a renaissance here that's happening and if we don't do it now, somebody else will, so we wanted to get here first," Bateman said.

The grand opening celebration for Pollyanna & Dot and The Hidden Door is from 11 a.m. to 3 p.m., Saturday.

A Walnut Street, Batavia, man who pled guilty to criminal possession of controlled substance, 4th, and criminal sale of a controlled substance, 4th, was sentenced today to five years in state prison.

Cody A. Bush, about 29, is a second felony offender. He admits that he sold a quantity of suboxone, a controlled substance, in and around the City of Batavia and the Town of Elba to an agent of the Local Drug Enforcement Task Force. He was already in jail on related charges with he was arrested in November on the Class C felonies.

His attorney, Thomas Burns, asked Acting Genesee County Court Judge Pietruszka to sentence him to two to two-and-a-half years in prison, with credit for time served, and the ability to avail himself to substance abuse treatment and other beneficial programs while incarcerated.

"He does suffer from a drug problem and an addiction," Burns said. "There is awareness that it is his responsbility...He admits he had no right to convey and sell the drug to another person."

Burns said his client struggles with "an inability to take himself away from controlled substances," and yet he is also responsible for parenting four children.

"I let drug addiction ruin most of my adult life," Bush told the judge when given a chance to speak before being sentenced. "For that I am ashamed and sorry."

In addition to a determinate prison sentence of five years and three years post-release supervision, Pietruszka sentenced him to 12 months in county jail, to run concurrently with the prison sentence, for criminal possession of a weapon, 4th.

Article by Zachary Lee, an aspiring journalist and contestant in Mr. Batavia.

It’s finally here: the Mr. Batavia contest will be held at 7 p.m. April 15th — be there.

Mr. Batavia this year will be the biggest we’ve ever had; the occupancy of the auditorium at Batavia High School is around 800 and we intend to fill that to the point the auditorium doors are bursting.

Mr. Batavia is a community charity event; each candidate selects a nonprofit organization to represent with the charity of the contest the top three winners receiving money raised. In Mr. Batavia there are five different categories, each scored by selected judges from throughout the community. They are lip sync, talent, questionnaire, swimsuit, and tux walk. The guys also do a group dance in the beginning to get the audience hyped up for the contest.

Last year’s Mr. Batavia was probably one of the best we’ve ever produced here at BHS. Whether it was Brandon Smart’s Micheal Jackson tribute or Dylan Beckman’s dramatic reading of "Anaconda" by Nicki Minaj, these performances were borderline legendary. The 12 candidates up for Mr. Batavia 2016 believe that they can do even better.

Lisa Robinson, event director and student government advisor said, “Mr. Batavia is an event where we raise money for community nonprofits. Everywhere this event gets larger and we believe this year will be easily our largest we’ve had. ”       

Here are the candidates and the nonprofit organizations they represent in the order they’ll perform:

• Tyler Hale – Michael Napoleon Foundation
• Noah Dobbertin – 25 Neediest
• Adonis Davis – All Babies Cherished
• Zachary Lee – Anna’s Wish
• Trevor Sherwood – Batavia VA
• Alex Mott – Golisano’s Children Hospital
• Michael Hughes – Habitat for Humanity
• Alex Canty – Volunteers for Animals
• Ross Chua – Organization for Autism Research
• Jake Kasmarek – Genesee Cancer Assistance
• Josh Kurtz – Salvation Army
• Dwayne Fonda -- American Red Cross

      Laura Fletcher

A 42-year-old Batavia woman told Presiding County Court Judge Michael F. Pietruska that she's willing to risk the possibility of a 24-year prison term in exchange for one more shot at drug rehab.

Laura Fletcher, a mother of four with three still of school age, will need to stay on the straight and narrow for two years to avoid prison if she pleads guilty April 18 to a four-count grand jury indictment for allegedly dealing drugs.

She has two prior drug-dealing convictions.

"Looking at her history, that is quite a risk," Pietruska said.

Those two prior convictions are the reason, said ADA Will Zickl, that Fletcher shouldn't get another shot at drug treatment.

"There is a demonstratable objective history in this case that I think makes it a very poor argument to be made that she should be given a chance in this program," Zickl said.

In the indictment issued in November, Fletcher is accused of selling cocaine in May and June to agents of the Local Drug Task Force. She is charged with four Class B felonies, two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

She's been approved for the program by a panel in Erie County, along with a recommendation from a local counselor. 

Her attorney Lisa Kroemer argued that Fletcher is willing to assume a substantial risk, given her track record, that she's fully aware of the consequences of failure, and that she desperately wants to succeed in the program.

Fletcher could potential get a lighter prison term in a plea deal, instead of pleading guilty to all four counts of the indictment.

She tearfully told Pietruska she understood the risk, but was willing to take the chance for a new chance at a clean life.

Kroemer said Fletcher has had periods between arrests where she was able to maintain sobriety before succumbing to her addiction again.

The prior drug sales convictions were "simply to support her own addiction," Kroemer said. "It was not part of any profit-making scheme."

Press release:

Founding a college is no simple task. Establishing Genesee Community College in the mid-1960s involved more than a decade of planning with hundreds of community members working hard in support of the innovative idea that Genesee and surrounding counties would benefit from having a college. As GCC recognizes its 50th Anniversary, numerous historical dates are being celebrated, as are the pioneering efforts and vision of its founding citizens.

Friday, April 15, 2016 is Founding Day at GCC's Batavia Campus, which will celebrate the exact date 50 years prior that the State University of New York officially approved and recognized the interests of the Genesee County Board of Supervisors to establish and sponsor a two-year college in Genesee County. It is one of many important dates in the College's history, and also the first event in the coming 18 months where GCC will reflect on its unique past while planning ahead for the future.

At 11 a.m. on Founding Day, the College community including students, faculty, staff, administrators, alumni and friends will gather in the William W. Stuart Forum for a cake-cutting ceremony. In addition, a specially prepared historical photo show will run continuously until 2 p.m., and all visitors will have the chance to be part of a pending time capsule by briefly answer the inquiry: "What I found at GCC." Edited responses to this inquiry will be added to the soon to be launched 50th Anniversary Web site.

WGCC, the College's radio station will be broadcasting live, and the GCC Cougar mascot will pose for numerous photo ops. Lastly, the College will officially release the new 50th Anniversary logo featuring a creative blue and gold flame matching the College's colors that date back to the late 1960s with the insignia "The True-Blue Past – Our Golden Future." 

"This is the 'soft opening' to the College's Anniversary program," President James Sunser, Ed.D., said at a recent planning meeting. "It gives us the opportunity to publish and promote our calendar of upcoming events and the many opportunities we are looking forward to, including the new logo with a few surprises."

The next big College event is the official Groundbreaking Ceremony on Thursday, April 28, at 4 p.m. for the new Student Success Center and the Event Center. College and community leaders will gather to recognize the start of construction for these two new facilities, collectively valued at more than $21 million and totaling 75,000 square feet. In addition, the program includes the opportunity to officially kickoff GCC's 50th Anniversary Celebration, paying homage to the community leaders 50 years ago whose vision gave rise to Genesee Community College's long term success. Final plans for Groundbreaking Ceremony are in development and details will be available soon.

Kevin C. Greene, 61, of Bloomingdale Road, Akron, is a convicted sex offender who is charged with failure to notify an address change within 10 days. He was arrested March 11 at noon for allegedly moving out of his residence in February 2015 and not filing an address change within 10 days. He was issued an appearance ticket and is to appear in Batavia City Court on April 26. The case was investigated by Batavia Police Det. Eric Hill.

Carmelina Munoz Chavez, 48, of Sunrise Parkway, Oakfield, is charged with driving while intoxicated. She was arrested at 12:40 a.m. on April 10 following a complaint of a motor-vehicle accident in the Town of Byron. The defendant's vehicle was located and upon investigation, the defendant was arrested for allegedly driving while intoxicated. She was issued an appearance ticket and is to appear in Oakfield Town Court on May 9. The case was investigated by Sheriff's Deputy Ryan DeLong.

The person who bailed Joseph M. Platten out of Genesee County Jail wants his or her money back -- sooner rather than later. And Genesee County Acting Court Judge Michael F. Pietruszka agreed this morning to release the funds.

Platten, 32, who lives on Warren Street in Batavia, pled guilty on April 4 to criminal possession of a controlled substance in the fifth degree.

He was one of six people arrested in January after an investigation into illicit drug sales by the Drug Enforcement Task Force. At that time, he was jailed without bail.

Originally, he was charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. Platten allegedly sold a quantity of a controlled substance to an agent of the Drug Task Force while in the City of Batavia.

After accepting a plea deal on the single charge, bail was set at $1,000 and someone bailed him out.

While out on bail and awaiting sentencing, which had been set for May 31, Platten was arrested in the City of Batavia for petit larceny and he was sentenced to six months in jail.

Now he's serving that time and the person who posted bail in the drug case is requesting that the bail money be returned ASAP, said Platten's public defense attorney Lisa Kroemer. 

She also asked Judge Pietruszka to speed up sentencing on the drug charge.

"I hate to have him sitting there doing dead time on this file," she said.

"I think that can be done," replied the judge.

Platten, shackled and wearing an orange inmate jumpsuit, appeared in court with a razor-thin beard and shaved head, a tattoo visible on his neck. He is to return to court at 9:30 a.m. on May 6 for sentencing on criminal possession of a controlled substance in the fifth degree.

A Batavia man who pled guilty to second-degree strangulation was sentenced to one to three years in state prison today by Acting Genesee County Court Judge Michael F. Pietruszka.

Joshua M. Gaudioso was arrested following a domestic incident Dec. 6 on Galloway Road wherein he strangled a female and threatened to kill her along with several family members.

"I can clearly see the gravity of my client's previous contacts in the criminal justice system," said his public defense attorney, Lisa Kroemer, who went on to tout the progress "Josh" seemed to be making in his treatment program and how well his counselor thinks he's doing.

"Josh got a lot out of it," Kroemer said.

She recommended a plan of intensive outpatient treatment until a bed in an in-patient facility becomes available. She asked the judge to consider allowing Gaudioso to be screened for acceptance into Drug Treatment Court with clinical supervision and a probationary sentence. She asked that today's sentencing be postponed until a screening and determination could be accomplished.

But Pietruszka was not swayed to grant her requests based on her client's previous behavior. The judge noted that Gaudioso has been on probation three times in the last 10 years and probation was revoked in each case. He was also on parole once and that, too, was revoked.

The judge issued four no-contact orders of protection, with the exception of minimal contact in one case for the purposes of facilitating visitation with his children. The victim's stay-away order will be in effect until April 12, 2027; the other three until April 12, 2024.

Gaudioso, who is about 5'8" tall and has strawberry-blond hair, wore a short-sleeved plaid shirt and khaki pants, wire-rimmed glasses and had a well-trimmed beard. He looked over at his parents in the gallery several times and repeatedly pushed his glasses up on his nose. He was very soft-spoken and when the judge asked him if he had anything to say before sentencing, he mumbled something about his progress in treatment.

It took three days, but a couple of weeks ago a group of volunteers, coordinated by the city, trapped 42 cats in the McKinley Street area and had them spayed or neutered, vaccinated and ear-tipped before releasing them back to the same location.

It was a big success, said Assistant City Manager Gretchen DiFante, for the city's fledgling effort to get a program up and running to deal with Batavia's community cat (commonly called feral cat) problem.

The City Council-approved effort was a bit bogged down because the city had been unable to find a volunteer to lead the all-volunteer committee to operate the program.

Recently, Ann Marie Brade, the county's animal control officer, volunteered to lead the group and has secured the permission of her employer, the Sheriff's Office, to take on the task.

There will be a meeting tomorrow of committee volunteers to organize the next steps.

The McKinley Street undertaking began with a phone call to city's animal control officer, James Sheflin, about a large colony of cats in the area.

That began a five-week effort to organize and coordinate the task.

"One of the keys to success for this was that this colony manager, which is what the industry calls them, if you will, really took responsibility for the cats," DiFante said. "That makes it a lot easier. Unfortunately, we don't have that kind of ease in attacking some of these colonies."

The animals were all treated at State Street Animal Hospital.

Because he also authorized income verification, the city was able to use available grant funds to pay for the veterinary care. 

"We were able to use that grant and we'd love to use that grant more, but that's not usually how it works," DiFante said.

The DSP Jazz Trio (Derek Reiss, Skip Taylor and Pete Mark) played a benefit concert today at City Church for Crossroads House.

It was the girls turn for a change to race pinewood derby cars at St. Joe's this afternoon. Traditionally a Boy Scouts event, the ladies held their own "Race Like a Girl" event this afternoon.

Local Boy Scout leaders, and some scouts, who have the equipment and experience hosting such events, set everything up and the girls raced away.

Photo of winners submitted by Matt Landers. Alexandrea Mann, first place, Bianca Gregory, 2nd, and Casey Tatarka, 3rd.

The vehicles filled with electronic waste were lined up and down Route 5 this morning, and by this afternoon, trailers were stuffed and bins were gorged with has-beens of the Digital Age, all destined to appropriate recycling facilities rather than a landfill.

The event outside the county's Social Services building was organized by Assemblyman Steve Hawley and his staff with a heaping trove of help from the Batavia High School Track Team.

Angelina Miconi, a Batavia High School student, was announced this morning as winner of the annual Congressional Art Contest for New York's 27th District, represented by Chris Collins.

Miconi was tops among 85 entrants (more than 30 attended today) from high schools throughout the district.

While each district in the United States has 750,000 residents, Collins said the NY-27th has one of the highest participation rates in the contest. Some districts get as few as 10 entries, he said.

The winning pictures will be displayed in the halls of Congress for the next 12 months and Miconi and a parent will be flown to Washington, D.C., for an art show opening.

The reception today was held at Genesee Community College.

Press release:

National 4-H Council has announced the launch of the spring 2016 4-H Paper Clover Campaign in partnership with Tractor Supply Company (TSC).

Stop by Batavia Tractor Supply Company Store (4974 E. Main Street Road, Batavia) April 13 – 24 and support Genesee Co. 4-H Youth Development Programming by purchasing a paper clover for a $1 at checkout.

Funds donated during the national campaign will be tracked online and recorded by state and by store. Visit www.tractorsupply.com/4-H for more information on the spring 2016 4-H Paper Clover Campaign and to view the donation tracker.

This event marks the sixth year of collaboration between the organizations on the national in-store fundraiser, benefiting state and local 4‑H programming in each of the communities where a TSC store is located.

Last year, across 49 states, the TSC 4-H Paper Clover Campaign provided more than $1.8 million to 4-H across the country. All proceeds raised directly benefit 4-H, with 70 percent of funds being returned to state and local 4-H programs.

The effort has provided direct support for local camps, after-school programs and other activities, and has granted scholarships to these events where youth can explore their interests in everything from animal science to robotics.

The Richmond Memorial Library is proud to announce Dolly Parton's Imagination Library!

The Imagination Library brings the excitement of books to every child, from birth to age 5, by mailing an age-appropriate book to directly to them, in their home, in their very own name, to keep, forever! Playing with books in the home at a very young age is the best preparation to have for a lifetime of reading and learning.

So join us for a special story time at 6:30 p.m. on Tuesday, April 26. Celebrity impersonator Lucine Kauffman will read, entertain and delight children of all ages, while library staff register kids up to age 5 for the book delivery service. Refreshments will be served.

    Jerry Riley III

Press release:

The Genesee County Local Drug Enforcement Task Force, comprised of police officers from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department, concluded an investigation into the illegal possession and sales of narcotics from a Bank Street residence in the City of Batavia with the arrest of a man and woman from Rochester on Thursday afternoon.

Jerry Riley III, 38, of Jay Street, is charged with: two counts of criminal possession of a controlled substance, 3rd, a Class B felony; criminally using drug paraphernalia, 2nd, a Class A misdemeanor; and unlawful possession of marijuana.

Brianna L. Meacham, 26, of Dewey Avenue, is charged with criminally using drug paraphernalia, a Class A misdemeanor, and unlawful possession of marijuana.

The defendants were arrested Thursday afternoon following the execution of a search warrant at a Bank Street residence. Members of the Batavia PD Emergency Response Team and the Genesee County Drug Task Force executed the warrant and allegedly uncovered a quantity of "crack" cocaine, cocaine hydrochloride, heroin, marijuana and U.S. currency.

Riley was jailed without bail. Meacham was issued appearance tickets and turned over to the Cheektowaga Police Department on an outstanding warrant.

The investigation is continuing and further charges are pending.

Task Force members were also assisted in the investigation by the Genesee County DA's Office and uniform members of Batavia PD.

City fire has responded to an automatic fire alarm in the basement of Building E at Park Site Manor Apartments, 541 E. Main St., Batavia.

On scene, a chief reports heavy smoke in a utility room.

Engine 11 and Ladder 15 have responded. No other units have been dispatched.

UPDATE 5:23 a.m.: The issue has been dealt with and the assignment is back in service.