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Work crews completed repaving the public parking lot off of Court Street, by Save-a-Lot and Main Street businesses in Downtown Batavia.

Photos by Howard Owens.

There just isn't enough room in the Genesee Valley Ag Park on the east side of the Town of Batavia for a project as large as the Fairlife plant announced today in Monroe County.

The 745,000-square-foot facility will be built by Coca-Cola and create an estimated 250 jobs in the Town of Webster.  The company is expected to invest $650 million in the project.

Asked if the Genesee County Economic Development Center competed for the project, Jim Krencik, senior director of marketing and communications for GCEDC, said it is against agency policy to discuss what companies might have looked at Genesee County as a possible site location for a facility.

"The huge winners here are the dairy farmers," Krencik said. "Wherever it's located in our region, the dairy farmers are the biggest winners."

When asked a follow-up question, he said with HP Hood and Upstate Niagara Milk Cooperative operating in the park along with planned expansions, the Coca-Cola facility wouldn't fit in the park.

Asked about potential sites in Genesee County for such a facility, he said there could be, but that would depend on available infrastructure, and he reiterated the policy of not discussing negotiations with businesses.

HP Hood is the largest land owner in the Ag Park. Its current facility sits on 80 acres, and the company also owns a 22-acre parcel to the factory's north, and 30-acre and 17-acre parcels to the west. All three of those parcels are currently vacant.

The Coca-Cola project in Monroe County has echoes of another soda company's foray into the dairy business -- when Pepsi Co teamed up with the Theo Muller Group to build a Greek yogurt factory in the ag park.  Pepsi and Muller invested $206 million into the project only to close the doors less than three years later.

Pepsi sold the 363,000-square-foot plant to the Dairy Farmers of America for $60 million.

Hood purchased the plant in 2018 from DFA for $54 million. Hood immediately expanded the plant by at least another 100,000 square feet.

The other failed Greek yogurt project, the plant built by Alpina, is now a dairy processing facility for Upstate Niagara Milk Cooperative.

The big difference, perhaps, between the Pepsi and Coke projects is that Pepsi was trying to start a new business line and enter the emerging and competitive market of Greek yogurt. And the product, some critics pointed out, wasn't really Greek yogurt. Pepsi Muller found it hard to get its products on grocery store shelves. 

In Coke's case, its Fairlife brand was launched in 2012 and is widely distributed, having already hit $1 billion in sales.

According to the company's website, Fairlife is an ultra-filtered, flavored dairy drink. The process reportedly removes the lactose and much of the sugar and leaves behind more protein and calcium.

Gov. Kathy Hochul praised Coca-Cola for selecting Monroe County as the location for its new plant.

"This decision by Fairlife to expand their operations in Monroe County marks the next chapter in New York's agricultural success story," Hochul said. "New York's dairy industry serves as a crucial economic engine for our state, and this $650 million investment from Fairlife will create jobs and drive economic impact, particularly in the Finger Lakes."

Flames and smoke are showing from a second floor at 39 Manhattan Ave., Batavia.

Unknown if occupied.

City Fire on scene.

UPDATE 10:12 a.m.: Fire is out.  Visually, no apparent significant damage to the structure. 

UPDATE 11:32 a.m.: The cause of the fire is under investigation, said Chief Josh Graham. Nobody was home at the time of the fire, and there were no animals present, Graham said. No injuries reported. "At approximately 9:46 this morning, we are alerted to a possible structure fire," Graham said. "Before we arrived on location, they called and updated us and said there was actual flame showing. Crews made entry and quickly extinguish it. It was a small room-and-contents fire on the second story. Right now, they're doing salvage and overhaul through the structure."

Graham praised the work of the firefighters. "We were actually given a tour at the fire station at the time. And so they were out ready to go and got here within a couple of minutes, and that speaks volumes to our ability to be able to go in there and knock these fires out before they get out of hand. They did a fantastic job today."

A car vs. tractor-trailer accident is reported on Route 63 near Starr Road in Pavilion.

Unknown injuries.

Airbag deployment reported.

Pavilion Fire and Mercy EMS dispatched.

UPDATE 8:43 p.m.: Bethany Fire requested to Texeco Town to shut down Route 63 south.

Jacob W. Patterson, 27, of Kilian Road, Pembroke, is charged with criminal possession of a controlled substance, obstructing governmental administration and operating a motor vehicle while impaired by drugs. Patterson was arrested after officers William Yung and John Gombos were dispatched to a gas station on East Main Street on April 24 to check on a report of an intoxicated driver. Patterson allegedly tried to run from officers before being subdued and apprehended.  He was issued an appearance ticket.

Jordan E. Hamilton, 26, of Baker Road, Kent, is charged with tampering with physical evidence and criminal possession of a controlled substance.  Hamilton was reportedly a passenger in a vehicle at a gas station on East Main when Officer William Yung dispatched on April 24 to check on a report of an intoxicated driver. Hamilton was allegedly found in possession of a controlled substance. He was issued an appearance ticket.

Tonya Marie Ficarella, 36, of Lovers Lane, Batavia, is charged with petit larceny. Ficarella is accused of stealing merchandise from a store on Veterans Memorial Drive at 1:44 p.m. on May 2. The Sheriff's Office withheld the name and address of the store. Ficarella was issued an appearance ticket. UPDATE: The Sheriff's Office has released that the location was Walmart.

Jaime Leigh Ayala, 43, of Walnut Street, Batavia, is charged with criminal contempt 2nd. Ayala is accused of entering a store where a protected party worked at 8:28 a.m. on May 2. Ayala was released on an appearance ticket.

Jakob Neale Abrams, 18, of Indian Falls Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, driving while using a mobile phone, failure to keep right. Abrams was reportedly involved in a property damage accident at 1:59 a.m. on April 30 on Harper Road, Darien. He was arrested following an investigation by deputies Ayrton Blankenburg and Jeremiah Gechell.

Christopher John Gulczewski, 33, of Thomas Street, Holley, is charged with endangering the welfare of a child. Gulczewski is accused of threatening to kill a mother in front of her children at 3:20 p.m. on May 3 at a location on South Main Street in Elba.  He was held pending arraignment.

Jerrol Paul Newell, 53, of West Main Street, Batavia, is charged with criminal contempt 2nd.  Newell was arrested while incarcerated in Genesee County Jail for an incident reported at 2:29 p.m. on May 2. The nature of his alleged offense was not released by the Sheriff's Office. He was arraigned and remanded back to the custody of the jail.

Auntunez Jaime Antunez, 35, of Dewey Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and speeding. Antunez was stopped at 11:25 p.m. on May 5 by Deputy Ryan Mullen on Route 33 in Batavia. He was issued and appearance ticket.

Danielle Florance Reed, 34, of Standart Woods, Auburn, is charged with felony DWI, felony driving with a BAC of .18 or greater, speeding, failure to dim lights, and moving from lane unsafely. Reed was stopped at 1:50 a.m. on May 7 on Route 20 in Pavilion by Deputy Zachary Hoy.

Casey T. Vaughn, 33,of East Main Street, Batavia, is charged with harassment 2nd, strangulation 2nd, criminal mischief 4th and aggravated family offense. He is also charged with criminal mischief 4th and criminal tampering 3rd. Vaughn allegedly struck another person and broke a mirror on April 28 during a disturbance at a location on East Main Street, Batavia. That same day, while in custody, Vaughn allegedly spit on a wall, floor, bench, and desk in an interview room at the Batavia police station. He is also accused of pulling molding off the wall.  On the first set of charges, he was ordered held on $10,000 bail. On the second set, he was issued an appearance ticket.

Cassandra F. Smith, 37, of Manhattan Avenue, Batavia, was arrested on four warrants issued by Batavia City Court. Smith was first arrested on April 8 on two counts of petit larceny after she allegedly stole property from different yards on Manhattan Avenue. On April 14, Smith allegedly committed criminal tampering and trespass at a residence on Ross Street by being on the property after being trespassed earlier by police and throwing garbage/other items at the residence.  A warrant was requested.  On April 23, Smith allegedly trespassed again at the residence on Ross Street and was captured on Ring cam.  A warrant was requested. 

Tanika N. Avant, 21, of Bank Street, Batavia, is charged with two counts of harassment 2nd and endangering the welfare of a child. Avant is accused of being involved in a disturbance on April 28 at an undisclosed location and engaging in a physical altercation with another person. During the course of the altercation, he allegedly struck a juvenile. He was arraigned in City Court and released.

James T. Hardaway, 39, of Utica Street, Brockport, is charged with speeding, unlicensed operation, and DWI. Hardaway was stopped on April 30 on Clinton Street, Batavia, by Officer Joseph Weglarski. He was released on an appearance ticket.

Misty R. Scutt, 34, of Exchange Street, Attica, is charged with driving while ability impaired by drugs. Scutt was the subject of a traffic stop by Officer Joseph Weglaski on Jan. 28 in the City of Batavia and arrested on April 28 following the return of a lab analysis of a blood sample. She was issued an appearance ticket.

Hunter M. Passage, 22, of Dellinger Avenue, Batavia, is charged with no headlamps, speed in zone, and driving while ability impaired by drugs. Passage was stopped at a gas station on West Main Street, Batavia, by Sgt. Mitch Cowen on April 27. He was issued an appearance ticket.

A vehicle is off the road, and entrapment and injuries are reported in the area of 9575 Alleghany Road, Darien.

Darien Fire and ambulance and Corfu Fire dispatched.

A first responder reports patients are conscious.

UPDATE 5:55 p.m.: There are two patients.

UPDATE 5:56 p.m.: Mercy EMS dispatched.

A vehicle off the road on Route 63 just north of Route 20 in Pavilion following a reported chase by law enforcement starting in Livingston County of a stolen vehicle.

The vehicle was reportedly occupied by two black males.  At least one of the males fled from the car and law enforcement is conducting a search of the area.  The State Police is assisting with a helicopter and drones.

There's been no response from the Sheriff's Office to a request for more information.

Reader submitted photos.

It's doubtful the folks who gathered at Churchill Downs in Louisville had much more fun than the nearly 250 people who gathered at Terry Hills on Saturday for the 10th Annual Derby Day to benefit the Michael Napoleone Memorial Foundation.

Before the big race, attendees socialized and participated in a fast-paced live auction led by Todd Jantzi from Bontrager's Auction House.

The bidding was quite competitive. For example, a four-night stay at Palm Harbor in Florida for up to 11 guests attracted a lot of attention.

Keith and Jill O'Neill, from Pendleton, were particularly excited to win the vacation package.  Keith said he wasn't sure how much it was worth, but he was sure it was a bargain at $4,000.

He beat out at least four other bidders.

"This is the first time I've ever done anything like that in my life," Keith said. "So I feel good. It is so worth it. The charity the money is going to, the money couldn't go to a better place."

It is a fun event, but also bittersweet, said Laurie Napoleone, whose son Michael would have turned 25 this year, possibly graduating from college, if not for the cancer, Burkitt’s Lymphoma/Leukemia, that claimed his life when he was eight years old in 2007.

"We wish we could have Michael back with us," Laurie said. "It was tragic and the worst thing that happened in my life, but people rallied around us, they came together to help us and supported us, and supported us financially, and out of that came the foundation so we could pay it forward."

The foundation has paid out more than $900,000 to families in circumstances similar to the Napoleones.

As fun, as Derby Day is every year, there is a moment of serious contemplation every year when one of the families assisted by the foundation tells their story. This year, Laurie said, it was the Waterman family from Middleport.

"We work hard to make this a great, fun event," Laurie said. "But the flip side is, we have to help out families with kids who are facing the challenge of cancer. Every year, we have somebody come and tell their story, and it's always hard to hear. It's emotional. It's heart-wrenching, but it's why we're here."

It was a big night in the Call Arena at Genesee Community College, with the school hosting its 42nd Annual Fashion Show, featuring the design work of fashion students at the college.

This year's theme was "Ageless." The show celebrated fashion in all its forms and highlights the diversity of style across generations. The show paid tribute to fashion trends throughout the decades from the 1920s to today and beyond, showcasing the talent and creativity and interpretation of GCC's fashion students.

Photos by Nick Serrata.

Pitching dominated in Saturday's nightcap of the annual Batavia Rotary Club Baseball Tournament at Dwyer Stadium, with Notre Dame beating Batavia 3-2 to claim the championship.

Bryceton Berry, the tournament MVP, picked up the win, going seven innings, striking out nine Blue Devils, and surrendering eight hits and two runs.

Batavia's Shawn Kimball took the loss despite giving up only three runs and three hits over six innings.  He struck out six hitters.

Kimball was also the only hitter in the game to pick up two hits.

Earlier in the day, Notre Dame beat Oakfield-Alabama 5-2, and Batavia beat Attica 12-1.

Photos by Kristin Smith except where noted.

Alexander Girls Softball cleaned up over the weekend, getting three wins over two days, including a muddy mess of a win over Kendall on Sunday evening.

Coach John Goodenbury called it a slip-and-slide contest.

The Trojans won 8-5.

Emily Pietrzykowski picked up the win for Alexander, pitching 7 innings allowing five hits, six free passes and notching eight whiffs.

Senior Olivia Delelys led Alexanders' offensive, going 3-3 with a double and 2 RBIs.  Melissa Sawyer went 2-2 with an RBI.  

“We were not sure we would get this game in today because of the forecast," Goodenbury said. "At game time, the weather didn’t seem like the rain was too heavy or that it would last long, but we were wrong.  Kendall’s head coach Jeff Parizek and I just wanted to play this game, so we rolled with mother nature’s punches and played on.  Looking back at the game, I think both teams had a blast, the girls got the chance to be like little kids again as they were sliding around the bases and getting covered in mud.  To see the girls with big smiles playing a game, I am sure they will always remember, is worth the extra laundry detergent to me.”

With the win, Alexander is now 9-5 on the season.

Two of those nine wins came on Saturday when Alexander beat Byron-Bergen and Barker.

In game one, the Trojans shut out the Bees 6-0.

Madison Boyce tossed a 4-hit shutout. Boyce pitched 7 innings, allowing four hits, eight walks and recording 

Emily Pietrzykowski was 2-4 with 2 runs scored and an RBI, while Lilly Szymkowiak was 2-3 with a double and 1 run scored. 

In game two, Alexander beat Barker 11-6.

Alexander racked up 13 hits during the contest. 

Makenna Boyce, Olivia Delelys and Melissa Sawyer all collected multiple hits for Alexander. Senior Makenna Boyce led Alexander going 3-4 with a triple and 2 RBIs, and a stolen base.  Emily Pietrzykowski, Madison Boyce and Melissa Sawyer combined pitching efforts for the win, surrendering four hits while striking out 9.

“The past week was a tough week for the entire GR with bad weather that forced many cancellations and that resulted in us stacking a doubleheader today," Goodenbury said. "A scheduling conflict had us play both games today back-to-back with no break in between games, so our girls had to dig deep today.  They made it work and came out on top of both contests.  Maddison Boyce has been pitching outstanding for us, and today she completed her third shutout of the season and reached 60 strikeouts after 33.2 innings on the bump so far.  It was Senior Day for us, and both of our seniors, Makenna Boyce and Olivia Delelys, played great to make it a special day for Alexander.”

Story based on submitted information.  Submitted photos.

When it comes to getting news out first, The Batavian doesn't always beat the competition, but we beat them more often than they beat us.

We work hard to bring you the news of our community quickly, thoroughly and accurately.  

We do a lot of original reporting and break a lot of important stories, but our format also allows us to publish all of the press releases we receive, which helps us lead all other news sources in bringing you the most local news.

This is why you should sign up for Early Access Pass.  We bring you more news faster, and as a member of Early Access Pass, you get access first.

Here is a list of stories published over the past seven days, excluding press releases and scanner reports (just original reporting) where we beat the competition.  These are also stories in the vast majority of cases, the competition hasn't even covered yet. 

And speaking of exclusive coverage of important community news, The Batavian broke the story earlier this year of the change in maximum income requirement for the apartments at Ellicott Station (perhaps one of the most important stories of the year) and the competition has barely covered anything about the issue.  

And as for the biggest story of the past week, the changes at Batavia Downs, The Batavian not only broke the story locally but provided the most thorough and in-depth coverage.

When you support The Batavian, this is the kind of dedication to covering the community you are supporting.

• Former Le Roy resident shares memories and experience as Broadway actor, by Joanne Beck
• County health puts in request for OD analyzer, by Joanne Beck
• Residents who lost home to sinkhole in Pembroke file a lawsuit, by Chris Butler
• Fix digs into assistant city manager role to add value, by Joanne Beck
• Enter through the coffee shop for art and music @ The Harve, by Joanne Beck
• State budget provision drastically changes structure, voting format of WROTB board of directors, by Mike Pettinella
• County legislature chair on WROTB changes: 'Completely unfair, totally unnecessary', by Mike Pettinella
• Siebert steps down as WROTB director, calls Albany action 'a blatant move to take over jobs', by Mike Pettinella
• Sweet Betty's reopens with new owners and ready to please, by Joanne Beck
• Walk this way: task force seeks to use grant for cross-'walkability' study, by Joanne Beck
• New trophy, same hard ball excitement on tap for annual Rotary Tournament on Saturday, by Howard Owens
• Unusual Discovery Made on Vacant Property in Pembroke, by Chris Butler
• Medications to treat substance use disorder are proven 'tools' in recovery, panelists say, by Joanne Beck
• Wings Over Batavia in good shape so far, volunteers and sponsorships sought, by Joanne Beck
• Lottery drawing selects 55 tenants for Ellicott Station, Savarino says, by Joanne Beck
• Down early, Batavia bounces back to remain undefeated in Flag Football, by Steve Ognibene
• Corey the Dribbler steals the show on Reading Night at Jackson Primary, by Howard Owens
• Batavia Kiwanis recognizes outstanding service in criminal justice, photos by Howard Owens
• GC Fair organizers promise more to come this year after record 2022, by Joanne Beck
• Bank Streetscape enhancements part of total package beginning this fall, by Joanne Beck
• Medicare rule change could add $8.5M to UMMC yearly budget, by Chris Butler
• Apartment complex with 80 units proposed across the road from GCC, by Howard Owens
• Second trial on Monday for suspect in shooting on Elm Street last summer, by Howard Owens
• Le Roy man in 'shots fired' case sent to prison for 10 years on multiple criminal charges, by Howard Owens
• New director praises Richmond Memorial Library, sees it as a community center where all are welcome, by Howard Owens
• Photos: Classical guitarist Peter Fletcher performs at the Richmond Memorial Library, by Howard Owens

A reminder on how Early Access Pass works: When we do original reporting, meaning something, we go out and gather information to report, and write a story that has a byline on it, for the first four hours after publication, that story will be exclusively available to people who have joined Early Access Pass. However, posts that are press releases or scanner reports, and some other occasional items, will be available immediately upon publication.  In one way or another, everything we publish remains free for those who either don't want to sign up for Early Access Pass or who can't afford to sign up.  We appreciate the support of everybody who signs up, but joining is completely optional. 

To sign up for Early Access Pass, click here.

A car has reportedly struck a tree, and injuries are reported in the area of 9939 South Lake Road, Pavilion.

Pavilion Fire and Mercy EMS dispatched.

Classical guitarist Peter Fletcher performed an afternoon concert at the Richmond Memorial Library on Saturday.

Fletcher has been recording and performing classical guitar music for more than 40 years. He holds a Master of Music degree from the Eastman School of Music in Rochester.  He has studied with David Leisner, David Russell, Oscar Ghiglia and Pepe Romero. He has performed recitals throughout the U.S., including two recitals at Carnegie Hall in New York.  He's also made numerous appearances on radio and television. 

He currently resides in Detroit and New York City.

His CD releases include The Art of Classical Guitar, A Peter Fletcher Recital and Federico Mompou: Guitar Works. In 2005, Centaur Records released Peter Fletcher plays Erik Satie.  Peter Fletcher Plays Baroque Music for Guitar was released in 2008 on the Tower Hill Recordings label.   His current release is 

For more information about Fletcher, click here.

Photos by Howard Owens.

The Richmond Memorial Library is a community center, and so a place where everybody should find a fun and friendly place to visit, said Beth Paine, the library's new director.

Paine started her job in February but has been busy the past several months getting settled into the job. On Saturday, community members were invited to the library to meet her and socialize.

"No one should ever feel they are not welcome here," Paine said. "We're a happy place. So much is going on in a world that is depressing and upsetting, and here we're happy, and we love our patrons, and we're an open source for any kind of information."

The previous director, Bob Conrad, took a new job downstate, and after an extensive search, New York native Paine was selected by the library board. 

Paine has held the director's position at three other libraries in New York -- Sydney, Watkins Glen, and Prattsburg.

She said she's impressed with the Richmond Memorial Library and its staff.

"The programming here is amazing," Paine said. "The staff is very good with the patrons."

There are a few things she would like to upgrade, she said.

"We're looking at getting more Wi-Fi access points and adding in a little bit of more security, and expanding the collections in certain areas that have been not used as much," Paine said. "Right now, there's really not a whole lot to improve. It's a great library, I'm really excited to be here."

She said she has an open-door policy for patrons and wants to hear from them when they have suggestions or issues to discuss.

Now that she's settled in, she plans to be out in the community more.  She is going to a Batavia Rotary Club meeting soon to make a presentation, and she also plans to start volunteering at the animal shelter.

"That's what I've done for many years," Paine said. "I volunteered at the Yates County shelter when I lived in Penn Yan, and then when I moved to Delaware County, I volunteered at the one there, and so now that I'm here, I plan on offering my dog walking services. That's usually what I do."

Previously: New director invites you to 'stop by and say hi' at RML

Two people were seriously injured when a motorcycle they were on left the roadway on Lewiston Road in Oakfield and struck a retaining wall in a yard.

Contrary to an earlier report, no vehicle was involved.

Sgt. Matt Wikowski, State Police, said at this stage of the investigation it's not clear why the driver lost control over the motorcycle.

The driver and a female passenger were both ejected from the bike. The driver was transported to ECMC by ground ambulance and the female was flown to ECMC by Mercy Flight.

Oakfield Fire and Mercy EMS assisted at the scene.

Previously: Two people reportedly injured in accident involving motorcycle in Oakfield

Photos and information by Alecia Kaus/Video News Service.

Before sending him to prison for 10 years, Judge Melissa Lightcap Cianfrini wondered at the criminal history of Arthur Brown, 45, of Le Roy, whom she observed is clearly intelligent, is well-spoken, and knows to advocate for himself.

Why, she wondered, why he keeps engaging in criminal activity when Brown could do so much more with his life.

Brown was sentenced on three separate criminal cases, the most notorious, an incident in September 2021 when he fled from a traffic stop after being seen driving erratically on Route 33 through Bergen and Stafford.  Brown ran into a cornfield, and Deputy Kevin Quackenbush started a foot pursuit but stopped when he apparently saw Brown pull a handgun from his waistband.  Quackenbush retreated, and then there was a loud bang.

Quackenbush reported to dispatch, "shots fired." This was the start of a several-hour, multi-department manhunt that eventually led to the arrest of Brown and the recovery of a handgun.  The loud bangs turned out to be from a wildlife scare cannon.

Brown has consistently maintained that the gun officers found was not his, and on Friday, he accused of Quckenbush of not telling the whole truth about the incident, such as, he said, Brown's DNA wasn't on the gun nor were his fingerprints.

ADA Joseph Robinson noted after Brown's statement that the gun wasn't checked for fingerprints.

After initially indicating he intended to take the charges against him to a jury, in February, he entered guilty pleas to multiple charges, including second-degree attempted criminal possession of a weapon, a Class D violent offense, third-degree attempted criminal possession of a narcotic drug with intent to sell, a Class B felony, in connection with an arrest in January of this year in the City of Batavia, and to one count of violating the Sex Offender Registration Act, a Class E felony, for failing to register as a sex offender upon a change of address.

In arguing for the maximum possible sentence against Brown (the 10 years Cianfrini eventually imposed), Robinson said that Brown's long criminal history and habit of saying things that attempt to explain away or minimize his criminal activity made him a danger to society.

Robinson listed Brown's past criminal activity:

• In 1994, Brown was adjudicated a youthful offender in a criminal case and violated probation within a year.
• In 1995, he was sentenced to a year in jail.
• In 1998, he was sentenced to seven years in prison on a robbery 2nd conviction.
• In 2005, he was convicted of rape 3rd and sentenced to 18 months to three years in prison.
• In 2010 he as conflicted of criminal sale of a controlled substance 4th and sentenced to two years in prison.
• In 2015, he was convicted of two sexual offender registration violations.
• In was released from prison on that conviction in 2021 one, just weeks before the incident on Clinton Street Road.

The plea Brown accepted, Robinson said, satisfied not only the pending charges already filed against Brown but also four ongoing drug dealing investigations being conducted by the Local Drug Task Force that had not yet led to charges.

Robinson said Brown seems to spend more time in prison and free.

"If he's not serving time on a conviction, he's out committing more crimes," Robison said.

Robinson noted that Brown hasn't accepted responsibility for possessing a gun in September, and he said that when Brown was accused of possessing a bag of cocaine, Brown told probation officers during his pre-sentence interview that officers found the bag in a bush and not on his person.  That was an example, Robinson said, of the defendant minimizing his responsibility for his actions. 

Another dealt with Brown's SORA violation.  Brown said, according to Robinson, that he didn't think he needed to register a change of address because he merely moved from one room to another in a hotel complex.  

Defense attorney Joseph Lobosco said his client did accept responsibility for his actions and suggested that Robinson was mischaracterizing Brown's interview with probation officers. He said the interview took hours, and the report didn't include direct quotes from Brown but paraphrases from officers written after the interview.

Brown said it was unfair of the ADA to he didn't accept responsibility for his crimes. 

He said there was the DNA of three other people on the gun but not his.  He also complained that a confidential informant used in the drug sales investigation was facing six criminal charges, which wasn't disclosed, he said. 

"I take responsibility for what I've done, and I don't make excuses," Brown said. "But I don't take responsibility for what I didn't do." 

Cianfrini said she hopes Brown will use his time in prison to better his life, to learn new skills, and reflect on the direction his life has taken.

"You could do something worthwhile with your life," she said.

On the SORA violation, Cianfrini sentenced him to 2 to 4 years in prison. On the attempted criminal possession of a weapon conviction, seven years in prison. On the criminal possession of a controlled substance conviction, 10 years in prison.  All sentences are to be served concurrently.

Previously:

• Le Roy man in 'shots fired' case accepts plea deal
• County ADA offers seven-to-eight-year sentencing deal to LeRoyan facing numerous felony charges
• Criminal cases against Le Roy man, including 'shots fired' case, hinge on missing video evidence
• BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

A second trial for a Batavia man accused of firing a shotgun at two people on Elm Street on Aug. 12 will start on Monday.

The first trial of Jeremy Ives began in March and ended in a mistrial. The reason for the mistrial was not discussed in open court on Friday during a hearing held for trial preparation. 

Ives was indicted in September on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. 

Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day.

In January, Ives turned down a plea offer, electing to take his case to trial. ADA Will Zickl said at the time that under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

The main issues discussed on Friday were the testimony of two possible witnesses.

One witness is the person Ives may have purchased the shotgun from.  There is a question about whether the witness can positively identify Ives as the person who bought the gun.  A third party apparently arranged the transaction and handed the seller the money.

"She doesn't have to know his name to know she handed him the gun," Zickl said.

There is also a witness who claims to have heard Ives yelling things in the street outside her residence some three hours after the reported shooting.  Whatever statements she heard are apparently not relevant to the case, but Zickl argued that her testimony will enlighten the jury as to Ives' emotional after the shooting.

Defense attorney Joseph Lobosco argued that the witness was miles away, hours after the event, didn't see Ives while he was yelling, and had no context for what she heard.

Zickl countered that the witness, who apparently knows Ives, can ID Ives by his voice.

Judge Melissa Lightcap Cianfrini ruled that both witnesses can be called during the trial.

A Grand Island-based developer has submitted an application to the Town of Batavia to build an 80-unit apartment complex on 9.47 acres of land next to the MedTech Center, part of the MedTech Park, along Assemblyman R. Stephen Hawley Drive.

The location is across the roadway from Genesee Community College.

The land is currently owned by an entity of GCEDC, the Genesee Gateway Local Development Corp.

The name of the complex on the application is Countryside Apartments, and the application was submitted by David Mazur.

The plan calls for six 12-unit buildings and one eight-unit building with 24 three-bedroom apartments, 42 two-bedroom, and 14 one-bedroom, with 36 single-car detached garages.

The total project cost is expected to exceed $12 million.

The application does not include -- which is normal for building applications -- any information about possible construction incentives GCEDC might offer.

The project will require water, sanitary sewer, storm drainage, natural gas, cable, and electric utilities.

The developers are proposing a connection to the existing 12-inch water main with a 2-inch domestic water service and a 2-inch fire service for each apartment building.

The town board approved the land for Planned Unit Development (PUD) in November 2022.

When all the units are rented, the complex is expected to have minimal traffic impact.  On weekday mornings, 9.6 vehicles entering, and 36.1 vehicles exiting.  In the afternoons, 19.4 vehicles entering, and 36.1 vehicles exiting.

The Genesee County Planning Board will review the project at its meeting on Thursday.  The meeting is scheduled for 7 p.m. in County Building #2 on West Main Street Road in Batavia.

Two people are reportedly injured after a collision between a car and a motorcycle at Lewiston Road and Maltby Road, Oakfield.

Oakfield Fire and Mercy EMS dispatched.

UPDATE 3:19 p.m.: Mercy Flight is on standby.

UPDATE 3:21 p.m.: Elba Fire requested to the scene to set up landing zone for Mercy Flight.

UPDATE 3:35 p.m.: Mercy Flight is on scene. A second helicopter is requested to the scene with a 21-minute ETA.