Skip to main content

batavia

City to auction house at 109 Walnut St. at 9 a.m. tomorrow -- not 10

By Billie Owens

The city would like to remind residents that the house at 109 Walnut St. will be auctioned off tomorrow, April 16. The previous start time provided by the city of 10 a.m. is NOT correct.

The auction starts at 9 a.m.

The property will be open one hour prior to auction for walk-through.   

If you have any questions or need additional information, please contact:

Office of the City Clerk

One Batavia City Centre

Batavia, New York 14020

Phone:   (585) 345-6305, option 5, option 1

Fax:     (585) 343-9221

E-mail:   hparker@batavianewyork.com

Grand Jury: Man indicted for aggravated DWI and unlicensed operation, another for unlicensed driving -- with 21 suspensions

By Billie Owens

Joseph M. Dispenza is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 17 in the Town of Batavia that Dispenza drove a 2006 Pontiac on Route 63 while in an intoxicated condition. In count two, he is accused of the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that he had a BAC of .18 percent at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing, or having reason to know, that his license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug.

Cordell E. Libbett is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 4 in the Town of Stafford that Libbett drove a 2015 Dodge with Mississippi plates on Route 33 in the Town of Stafford while knowing, or having reason to know, that his license to operate a motor vehicle in this state was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he had in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine. These are cited as having occurred in the following places on these dates: Dec. 25, 2008, Town of Wayland, Steuben County; Oct. 11, 2013, Town of Irondequoit, Monroe County; and in the City of Rochester, Monroe County, on Aug. 31 and Nov. 22, 2006; and Jan. 29. and March 19, 2007; Jan. 22, March 7, March 28, May 6, Sept. 27, Oct. 10, Oct. 18, and Nov. 20, 2008; April 24, June 26, Dec. 29, 2012; March 5, Oct. 1 and Dec. 3, 2013; and March 19, 2014.

Law and Order: Alleged Le Roy burglar charged with second burglary involving guns

By Billie Owens

James R. Kosiorek (pictured left), 23, who has no permanent address and is currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department and charged with a second residential burglary where guns were allegedly involved. Kosiorek was initially charged for burglarizing a residence March 17 on Lake Street in LeRoy and attempting to steal guns from inside. During that alleged burglary, the homeowner interrupted the burglary finding Kosiorek inside at which time Kosiorek allegedly fled the scene, leaving the guns. While conducting that investigation, information was received alleging Kosiorek committed a different but similar burglary on Genesee Street in Le Roy. A subsequent investigation into the Genesee Street burglary alleged that on March 13 Kosiorek forced entry to an acquaintances apartment at which time Kosiorek removed two shotguns from the apartment. It is alleged that Kosiorek was again interrupted by the tenant and fled the scene. The shotguns were recovered by the tenant in the back yard. Kosiorek was charged Thursday with one count of second-degree burglary, a Class C felony, two counts of fourth-degree grand larceny, a Class E felony, and one count of third-degree criminal mischief, also a Class E felony. Kosiorek was arraigned before the Hon. Michael Welsh of the Le Roy Town Court and released on his own recognizance as he was already being held on bail for the Lake Street burglary.

Amelia Rose Witkowski, 30, of Angling Road, Pembroke, is charged with second-degree burglary, making a punishable false written statement and petit larceny. She was arrested for allegedly entering a resident on Main Road in Pembroke at 6:30 p.m. on Jan. 29 and stealing property from within. She also allegedly provided a written deposition to a Sheriff's deputy which contained false information. The case was handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Christopher Erion.

Kimberly M. Zeiner, 48, of Caroline Street, Albion, was charged with aggravated unlicensed operation, 2nd, and driving without headlights following a traffic stop at 3 p.m. April 6 on West Main Street, Batavia. Zeiner was subsequently arrested on April 14 on an outstanding bench warrant on those charges issued out of City of Batavia Court. The defendant was jailed in lieu of $250 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

Nicholas Adam Dubois, 18, of Shady Lane, Batavia, is charged with two counts of petit larceny. Dubois was arrested following an investigation of theft of stone from two locations in the Town of Byron. He was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

A 17-year-old is charged with two counts of petit larceny. The youth was arrested following an investigation of theft of stone from two locations in the Town of Byron. The subject was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

Plans for new Arby's Restaurant on Lewiston Road put on hold

By Howard B. Owens

County planners expected a detailed discussion last night about a proposed Arby's restaurant at 8364 Lewiston Road, Town of Batavia, but the applicant withdrew the application earlier in the day.

County Planning Director Felipe Oltramari said he expects the proposal to come back to the planning board at a later date, perhaps as soon as the meeting next month.

There are a few variances needed for a 2,000-square-foot fast-food restaurant at the location, which is across from Kmart where a used car lot is now and next to Jerry Arena's Pizza.

The zoning code for the town requires a 40,000-square-foot lot for such an establishment, but the lot size at this location is only 29,664 square feet.

The builders are proposing parking spaces of 9x18 feet, instead of the required 10x20 feet.

The restaurant will also require three signs instead of the permitted two, with one being a bit larger than the sign ordinance allows.

The owner listed on planning documents is Bill Meland, with a business address of the current Arby's location on West Main Street in the City of Batavia.

In other matters brought to the board Thursday night:

  • The Chamber of Commerce received approval plans to remodel 8276 Park Road, Batavia, which will become the new headquarters for the chamber and the visitors' bureau once it's completed. The project includes a building addition, facade renovations, a new roof and a new accessible ramp.
  • Richard Mistretta is planning to open a record store at 220 E. Main St., Batavia, and received approval for his sign.
  • The Town of Batavia is planning to revise its zoning code to remove the requirement that certain properties in industrial parks be directly accessed from a state highway. The town has granted three variances in recent years and since there might be addition variance requests that would likely be granted, the town is seeking to remove the requirement altogether.
  • The Town of Alabama is extending its moratorium on commercial development for 12 months. This is the third extension sought by the town.
  • Daniel Miller and Padrna Kasthurirangan were approved for a windmill at 10021 Simonds Road, Corfu. The windmill will stand 121 feet tall.
  • The new Waggin (sic) Wheel Restaurant at 8282 Park Road, Batavia, was approved for outdoor cooking and a change to the commercial sign.
  • Suzanne Schultz received permission to hold craft classes at 57 Main St., Oakfield.

The county planning board is not the final word on application approvals. Their approvals are recommendations. Final decisions rest with the planning or zoning boards in each jurisdiction.

GCC celebrates 50 Years, new anniversary logo unveiled

By James Burns

_64t9662.jpg

A cake-cutting ceremony was held at 11 this morning in honor of Founding Day at Genesee Community College. The 50th Anniversary of the campus will be celebrated over the coming 18 months, with a number of events plants to commemorate a variety of milestones.

Students, faculty, staff, administrators, alumni and friends gathered in the William W. Stuart Forum for today's ceremony. A specially prepared historical photo show is running 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 is broadcasting live, and the GCC Cougar mascot is posing for photos.

Also, the College is officially releasing 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.”

The next big College event is the official Groundbreaking Ceremony at 4 p.m. on Thursday, April 28, 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 $21million and totaling 75,000 square feet.

_64t9670.jpg

_64t9687.jpg

Genesee Community College President James Sunser.

Smell of natural gas inside City Centre building prompts evacuation

By Billie Owens

The smell of natural gas inside the City Centre has prompted the building to be evacuated. City firefighters are on scene investigating.

UPDATE 9:38 a.m.: City command reports the odor is not natural gas, but there is a smell and they are investigating.

UPDATE 9:43 p.m.: The assignment is back in service.

Verizon workers in Batavia protest potential job losses, cuts in wages, benefits and security

By Billie Owens

Photo by Howard Owens.

WBTA provided the interview on which this story is based.

Verizon workers were out protesting on Lewiston Road this afternoon. They are members of Communication Workers of American Local 1117.

Spokesman Phil Rudnick, executive vice president of the union, said a middle-class way of life here and in other states is at stake as the group battles against jobs being shipped overseas and major cuts in pay, benefits and security. They have been in contract negotiations with Verizon since June 2015.

"Corporate greed is the biggest complaint," Rudnick said, "and the retrogressive demands they are looking for are astronomical."

All the while, profits have never been healthier.

He said Verizon made $1.5 billion in profits each month last year; they are beating those figures so far this year, with monthly profits of $1.8 billion for January, February and March.

Verizon wants to send call center jobs overseas, and force outdoor technicians to work a couple of hundred miles away from home for months at a time, plus cut pay and benefits, and obliterate job security.

The workers with the most skin in the game to lose are the ones who built the money-making behemoth one landline at a time.

"We built the infrastructure that gave them the profitability to go into the wireless department," Rudnick said, "and they're making billions of dollars on wireless as well."

The work done by those represented by CWA 1117 feeds all the cell towers the phones work off of, the data networks and DSL files. Now Verizon wants to lay off landline techs and bring in contractors.

"We're just looking for fair, middle-class, stable jobs that we've had not to be taken away," Rudnick said.

The union's concession in millions of dollars in health-care costs was deemed "not good enough" in recent negotiations.

On the line are jobs here, in Buffalo, Syracuse and Albany, as well as other states.

Local politicians have been supportive of the union's plight, the union leader said.

Woman who stole more than $9K from local business sent to prison

By Howard B. Owens
j_mcwethy_mug2016.jpg
     Justine McWethy

A 28-year-old Batavia woman with multiple arrests on her record was hoping for another chance at drug rehabilitation when she appeared in County Court this morning on a grand larceny charge. Instead, Presiding Judge Michael F. Pietruszka thought a minimum of one year in prison would be a more appropriate sentence.

Justine D. McWethy had previously admitted to stealing more than $90,000 $9,000 from Joseph L. Mancuso, Inc., 56 Harvester Ave. while employed there in 2014.

The thefts, said her attorney Lisa Kroemer, were the result of her addictions and suggested to Piertruszka that a prison term wouldn't help her become a productive member of society.

"That's not going to clean up her addiction," Kroemer said. "In order for her to be able to use her talents, which as pointed out in the probation report -- she has a modicum of education and she is an intelligent girl, if she could get past the addiction, she would be able to lead a productive and law-abiding life."

District Attorney Lawerence Friedman argued that based on McWethy's history and the nature of the crime, in which she researched, planned and carried out a complex scheme to defraud her employer, made her less than a suitable candidate for probation and a rehab program.

He asked the maximum available sentence under the plea deal, which was one and a third to four years in state prison, be imposed.

With several members of her family in the gallery, McWethy tearfully apologized for her crime and said she's written several letters of apology, feeling guilty for what she did every day since her thefts were discovered. And while she said she understood why Friedman thought she should be punished, she would really like a chance to conquer her addiction.

"I feel like this is not the person I was meant to be," McWethy said.

Pietruszka said he was taking into account two violations of probation in the past 13 months before imposing a one- to three-year prison term, where, he noted, she can apply for drug treatment available to some state prisoners.

McWethy was also ordered to pay back the full amount in restitution, starting with Mancuso and then paying back the several banks that also lost money as part of the scheme.

CORRECTION: We originally published that the amount of restitution exceeded $90,000. This was a mistake. I misheard the amount in court. The correct amount is $9,136. I apologize for the mistake.

Suzanne Corona admits to dosing coffee with Amaretto in violation of probation

By Billie Owens

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."

Car crashes into tree, driver unconscious on South Main Street Road, Batavia

By Billie Owens

southmainaccapril132016-2.jpg

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.

southmainaccapril132016.jpg

southmainaccapril132016-3.jpg

Imprisoned Summit Street crack dealer given court date on new drug charges

By Billie Owens

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!"

New business owners team up to bring new retail experience to Downtown Batavia

By Howard B. Owens

hiddendoorapril132016.jpg

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.

hiddendoorapril132016-2.jpg

hiddendoorapril132016-3.jpg

hiddendoorapril132016-4.jpg

hiddendoorapril132016-5.jpg

hiddendoorapril132016-6.jpg

hiddendoorapril132016-7.jpg

Walnut Street man gets five years in prison for selling suboxone: 'I let drug addiction ruin most of my adult life'

By Billie Owens

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.

Annual Mr. Batavia contest hits the BHS stage Friday evening

By Howard B. Owens

mrbathsapril132016.jpg

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

Mother of four facing up to 24 years in prison if she doesn't succeed in drug treatment program

By Howard B. Owens
      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."

Founding Day at GCC's Batavia Campus is Friday, cake-cutting ceremony will mark 50 years

By Billie Owens

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.

Law and Order: Sex offender arrested for allegedly failing to register change of address, Oakfield woman charged with DWI

By Billie Owens

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.

Man bailed out in drug case back in jail for petty theft: 'Refund, please'

By Billie Owens

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.

Batavia man sentenced to one to three years in prison for strangulation

By Billie Owens

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.

Authentically Local