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Matthew Derrick will be released from jail today, likely to receive credit for time served, and not have to return if he can stay out of trouble.

At a lengthy hearing today, Derrick, whose case was delayed Dec. 7 so he could be evaluated for the mental competency to understand court proceedings, entered a guilty plea to attempted criminal possession of a weapon, 3rd.

As part of the plea deal, Derrick is eligible for what's called a shock probation sentence, which means no more than six months in jail and five years probation, instead of the 1-4 year prison term Derrick would face if he took the case to trial.

The charge stems from an incident in October when Derrick threatened people with a corkscrew, and made statements about cutting them open and killing them.

One witness, according to District Attorney Lawrence Friedman, said Derrick had a knife, and while a corkscrew was recovered from the scene, no knife was found at the time of Derrick's arrest.

Derrick entered his plea under terms known as an Alford plea. In other words, Derrick did not admit to the facts of the case, just that the evidence was sufficient that he faced a high probability of being found guilty by a jury.

The likely sentence for Derrick, Judge Charles Zambito indicated, is four months, if Derrick stays out of trouble while under supervision of Genesee Justice; however, since Derrick has already been in jail for just two days shy of four months, Friedman agreed to modify to plea deal to subtract those two days from the sentence.

When Derrick last appeared in court, he seemed not to understand the court proceedings and Lisa Kroemer, with the public defender's office, explained the proceedings to him.  Then interim Judge Micheal Pietruszka expressed concern about Derrick's ability to understand his instructions. He ordered Derrick to undergo a mental competency evaluation.

Two doctors examined Derrick and both found him mentally competent enough to understand the proceedings. Zambito accepted the report after both Friedman and Kroemer waived a hearing on the topic.

In court today, Derrick answered most of Zambito's questions promptly, with a clear, "Yes, your honor." He expressed confusion about a couple of points but quickly said he understood once the issues were rephrased. Zambito was very careful throughout the proceeding to ensure Derrick understood exactly what he was agreeing to and what rights, such as the right to appeal, he was waiving.

There was discussion about how to handle three orders of protection. One or more of the people covered by the orders live in the same apartment building as Derrick and his wife. Derrick will live with his grandmother in Le Roy until suitable language for the orders is worked out.

A lawsuit over the state of the dilapidated City Centre mall that began in 2008 may be nearing a settlement according to a source who provided information to WBTA.

The document is a notice for members of the City Centre Merchants Association to hold a special meeting tomorrow to discuss a possible settlement with the City of Batavia.

A vote on the possible settlement would reportedly come at a meeting on another date.

City Councilmembers have told reporters that there has been discussion behind closed doors about a possible resolution.

Via our news partner, WBTA.

Nicholas Sylvester Dinitto, 27, of Oak Orchard Street, Albion, is charged with petit larceny and possession of a hypodermic instrument. Dinitto is accused of shoplifting at Target. During the investigation by Deputy Andrew Hale, he was allegedly found in possession of a needle.

Jennifer Lyn Stack, 30, of South Main Street, Batavia, is charged with attempted criminal contempt, 2nd. Stack was arrested on a warrant out of Town of Batavia Court and jailed on $1,000 bail.

Jadon Lee Peoples, 20, of Main Street, Oakfield, is charged with unlawful possession of marijuana. Peoples was charged following a traffic stop for allegedly speeding at 8:06 p.m. Sunday on North Main Street, Oakfield, by Deputy Jeremy McClellan.

Felicia Renee Sherrell, 36, of Bloomingdale Road, Akron, is charged with DWI and driving with a BAC of .08 or greater. Sherrell was charged following a call to check on the welfare of a motorist stopped at the side of the road at 8:40 p.m. Saturday on Route 77, Alabama, by Deputy Richard Schildwaster.

Nicole Marie Capretto, 33, of Lewiston Road, Batavia, is charged with petit larceny. Capretto was arrested on a warrant out of City Court.

A 16-year-old of Lewiston Road, Batavia, is charged with criminal contempt, 2nd. The youth allegedly violated an order of protection.

Ralph Guy Chase Jr., 73, of Highland Drive, Dundee, is charged with possession of untaxed cigarettes. Chase was stopped for an alleged traffic violation at 8:59 p.m. Friday on Route 77, Alabama, by Deputy Richard Schildwaster and allegedly found in possession of 8,800 untaxed cigarettes.

In Elba on Friday afternoon, an unknown person approached a local homeowner and asked her questions about her mortgage and then handed her a manila envelope with a phone number on it advising her to call the number.

The man said he was a representative of Bank of America.

The woman called Sheriff's dispatch and investigators contacted Bank of America and searched for a listing for the 1-800 number on the envelope.

Based on their finding, investigators concluded the man was apparently running some sort of scam and the Sheriff's Office is warning other residents to be on the lookout for similar scam attempts.

The man was driving a silver minivan. The man had been parked across the street from the Elba residence and when the homeowner attempted to leave, the van pulled into her driveway.

He is described as a white male, average height, thin build, wearing glasses and a baseball cap.

Once she confirmed she was the homeowner, the man informed her he was from the Bank of America and said her mortgage was in default.

The number on the envelope was 1-800-669-0102.

Anyone with additional information or experience this type of activity, call the dispatch center at 9-1-1 or (585) 343-5000.

Ray Felski, left, with Chief Jeff Fluker and former Chief China Marino, was named Firefighter of the Year for the Darien Volunteer Fire Department at the department's annual awards and installation dinner at the fire hall.

Officers installed:

• Fire company line officers: Jeff Luker, chief; David McGreevy, 1st assistant chief; Mark Starczewski, 2nd assistant fire chief; Kenneth Fisher, 3rd assistant fire chief; William Brunea, fire police captain.
• Fire company board of directors: Ronald Meides, president; China Marino, vice president; Michelle Krzanowicz, secretary; Ryamond Felski, treasurer; Dennis Bialkowski, Willaim Brunea, and Paul Redden, directors at large.

China Marino, right, was honored for his dedicated service to the fire company with a custom engraved rifle. Presenting the award is Ron Meides.

The Service Person of the Year award went to Pat Bialkowski.

A fire apparatus company donated a check to the fire company in the name of past chief Dale Breitwieser, who died this past year.

Gary Graber has been a member of the department for 45 years.

Officers sworn in.

The annual memorial this year honored Dale Breitwiser, Barbara Garigen and all who have served throughout the nation and have passed.

Alexander's Dane Heberlein will have a chance to advance toward a third state title after beating Chase Runfola, of Letchworth, 8-6 in the 132-pound division of Class BB of Section V championship wrestling yesterday.

Heberlein was one of a dozen wrestlers from Genesee County to win sectional titles yesterday at the tournament hosted by Byron-Bergen, including four from Byron-Bergen and two others from Alexander.  

Below, after photos of Heberlein's match, Alexander's Nicholas Young defeated Canisteo-Greenwood’s Zach Flaitz, 7-3, and Byron-Bergen’s Chad Toal pinned Le Roy’s Andrew Englerth.

For more results, visit Batavia's Best.

To purchase prints, click here.

Clients of ARC of Genesee-Orleans paid a visit to the Sno-Packers clubhouse today for rides on snowmobiles around the track in the neighboring field. 

It's been a couple of years since there was enough snow for the otherwise-annual ride. Even today, the snow cover was thin and the ground was just frozen enough to handle the weight of the snowmobiles.

Several children enjoyed multiple rides around the track.

A three-car accident with no injuries is reported in the area of 45 Ellicott St., Batavia.

Fluids are leaking.

City fire responding.

Press release:

The students at St. Joseph School look forward to Catholic Schools Week every year. This year the theme is “Catholic Schools: Communities of Faith, Knowledge and Service.

To kick off their fun filled week, Detective Schauf and Officer DeFreeze, from the Batavia Police Department, joined them for a Kindness Challenge. The students were reminded that acts of kindness can be big or small and are something that anyone can do at any time.

Throughout the week the students partake in many different fun activities not only at school but around their community. They visited Batavia Showtime for a movie, went bowling at Mancuso Bowling Center, ice skating at Falleti Ice Rink and visited the YMCA for a variety of fun activities. Their week concluded with a school-wide talent show.

An accident with injuries is reported at Lyman Road and West Bergen Road, Byron. 

Bergen fire and ambulance dispatched.

UPDATE 9:01 p.m.: Mercy Flight requested to the scene  

UPDATE Saturday: A vehicle being driven by Vitorrio J. Muoio, 18, of Merrimen Road, Bergen, was westbound on Lyman Road. A vehicle with emergency lights activated, a Ford pickup owned and operated by James McKenzie Jr., of Clinton Street Road, Bergen, was northbound on West Bergen Road. Muoio allegedly failed to yield the right-of-way at the intersection. He was cited for failure to yield right-of-way, failure to yield to an emergency vehicle and seat belt violations. He was injured in the crash and taken by Mercy Flight to Strong Memorial Hospital. Also injured and transported by ground ambulance to Strong was Andrew L. Konieczny, 19, who was a passenger. McKenzie, 52, was not injured.

 

A car has hit a pole on Townline Road near Tripp Road in Byron. 

Injuries are reported. 

Byron, South Byron and Mercy EMS responding. 

UPDATE 8:53 p.m.: Minor injuries. No traffic issues. 

Maggie Cecere, who set a school record in her senior year in soccer, made it official yesterday by signing her letter of intent to attend Kutztown University in Pennsylvania.

Kutztown is coming off a season where the soccer team was ranked #4 among Division II schools.

Photo: Zach, Kathy, Maggie and Peter Cecere; back row, Victor VanVliet and Roger Hume.

Press release:

The New York State Senate has passed legislation (S1207) to make the property tax cap permanent. If enacted, this bill would secure $66 billion in taxpayer savings over the next ten years.

State Senator Michael H. Ranzenhofer voted in favor of the legislation.

“The property tax cap has helped to end the days of sky-high annual increases in tax bills, and it has saved taxpayers $15.5 billion over the last five years. Simply put, it is working. That is why it is so important to enact this legislation into law,” said Ranzenhofer.

Between 2001 and 2011, growth in New York’s property taxes increased by 73 percent for school districts and 53 percent for counties.

The property tax cap was first enacted in 2011. The cap limits the annual growth of property taxes levied by local governments and school districts to two percent or the rate of inflation, whichever is less.

The bill has been sent to the State Assembly.

A weak Canadian dollar kept many tourists from the north out of New York and Genesee County, as a result, saw a decline of 3 percent in bed tax revenue, Tom Turnbull, president of the Chamber of Commerce, told county legislators yesterday.

Turnbull and tourism director Kelly Rapone provided a review of chamber and tourism activity at the Ways and Means Committee meeting.

"People were not traveling as much," Turnbull said. "But talking with our friends in Buffalo-Niagara, we did better than them. They were down 10 percent."

The weak exchange rate for Canadians didn't keep too many golfers away, though, Turnbull said. Because the prices at local golf courses are so competitive, the chamber was still able to sell a number of golf packages.

Turnbull thinks the county's bed tax revenue will return to a level of $420,000 or higher in 2017 in a large part because this will be the first full year of operation for the new hotel at Batavia Downs and this year a new hotel should open on the north side of the Thruway in Batavia, the Fairfield by Marriott.

Group sales have continued to do well, if not better, Turnbull said. Genesee County continues to be a popular location for soccer, lacrosse and baseball tournaments. 

"That brings people into the hotels and they spend money and that’s what we’re looking for," Turnbull said.

Rapone shared copies of the new tourism promotional material the chamber has available. She also debuted the totally redesigned tourism website visitgeneseeny.com. The modernized website will make it easier for tourists to find information about visiting Genesee County, she said, and it will also make it easier on both golfers and staff to handle bookings for golf packages.

During the meeting, Legislator Ray Cianfrini also floated the idea of creating an entertainment tax. He noted that when he's gone to venues in other counties he's noticed the ticket price includes an entertainment tax, so he's been researching it. The tax, if implemented, would likely apply only to venues over a certain size, say with seating of 2,500 or more, and colleges would be exempt.  

The only current venue where such a tax might apply is Darian Lake Performing Arts Center.

"It might be another source of revenue," Cianfrini said.

Mary Case talked about the positive impact the GLOW YMCA has had on her grandson during the kickoff of the 2017 fundraising campaign at Terry Hills last night.

The money raised will go to the Y's scholarship program. Scholarships allow people who need the support of the Y and access to its programs to be able to join at no cost.

The fundraising goal through the four counties is $91,000, but Executive Director Rob Walker (bottom photo) challenged the two dozen volunteers and staff members at last night's kickoff to reach for a goal of $100,000.

Case said her grandson has made lifelong friends through participation at the Y and going to Camp Hough, where he met a counselor from China who taught him a few phrases in Chinese that he still uses to this day.

"He knows that counselor had an impact on him," she said.

Directors from the Orleans County and Wyoming County YMCAs also shared stories about how scholarships are helping members in their community improve their lives through the services offered by the Y.

“The things that we do have an impact on our community and they happen every single day, but we don’t always get to see them or pause and realize that behind that moment there’s a family that’s impacted,” Walker said.

To find out how to make a contribution to the YMCA, visit the GLOW YMCA's website.

Press release:

Congressman Chris Collins (NY-27) has sent correspondence to Department of Homeland Security Secretary John Kelly expressing a deep concern regarding the expedited implementation of the biometric exit-entry system.

“Western New Yorkers and our economy rely heavily on the timely movement between Canada and the United States via the Peace Bridge,” said Congressman Chris Collins. “While keeping our communities safe is my number one priority, I want to ensure that before any agency implements the biometric exit-entry system fully, we examine all possible transportation impacts and take steps to alleviate any disruptions that may be created. Our southern and northern borders have different security issues and I hope those differences are taken into account.”

The biometric exit-entry program was requested by the 9/11 Commission to better track individuals traveling in and out of the country. However, its implementation has been delayed because of the significant logistical issues it could create. The issue has recently been raised because President Trump in his executive order on immigration states: “The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.”

In the letter, Congressman Collins writes, “I strongly support increased national security measures across our nation and commend President Trump for his swift action. However, I am concerned that an expedited implementation of this system will not take into consideration the differences in security interests at our northern and southern borders.” 

Furthermore, he urges Secretary Kelly “to carefully consider the widespread impacts implementation of a biometric entry-exit system would have on our northern border.”

Congressman Collins previously introduced an amendment in 2015 requiring a pilot program be implemented before a full-scale implementation of the biometric exit-entry program to avoid any major commerce and travel disruptions.

Press release:

The Village of Le Roy Police Department is attempting to identify an individual who is a person of interest in a larceny that occurred on Jan. 31 at approximately 3:15 p.m. at the Walgreens on West Main Street. The subject was observed leaving in a dark four-door sedan.

Anyone with information is urged to call The Village of Le Roy Police Department at 585-345-6350; please reference CR# 17-0426.

County Manager Jay Gsell just announced that as of 7:56 a.m., Genesee County is out of the nursing home business. 

The sale of the Genesee County Nursing Home to Premier Healthcare Management, LLC is complete after state regulators cleared the way for transfer of title. 

The county has received payment in full in the $15.2 million transaction, Gsell said.

Boys Basketball

• Avon 54, Cal-Mum 47 FINAL
• Le Roy 55, Letchworth 50 FINAL

Girls Basketball

• Notre Dame 46, Elba 36 FINAL
• Alexander 61, Holley 18 FINAL
• Letchworth 47, Le Roy 31 FINAL
• Attica 46, Pembroke 40 FINAL
• Oakfield 41, Byron-Bergen 24 FINAL

Press release:

The New York State Senate has passed legislation (S418) to amend the New York State Constitution to strip taxpayer-funded pensions from criminally convicted politicians. 

State Senator Michael H. Ranzenhofer, a cosponsor of the bill, voted in favor of it.

“Under existing law, some public officers are still able to collect a pension even after they are found guilty of a serious crime, and I have been working to end this practice. This reform measure will help to ensure that corrupt government officials face serious financial consequences for their misconduct,” Ranzenhofer said.

Under the measure, a pension may be reduced or revoked if a public officer is convicted of a felony related to their official duties. Public officers include elected officials, direct gubernatorial appointees, municipal managers, department heads, chief fiscal officers and policy makers.

“If state officials fail to be ethical and uphold the public’s trust, then they should be held accountable for their actions. This historic new Constitutional Amendment does just that,” Ranzenhofer said. “I am pleased to report that it is a step closer to reality.”

In order to amend the State Constitution, the legislation must pass both houses of the Legislature in two consecutive sessions. Both the Senate and Assembly passed the measure during the 2015-16 Legislative Session. Following its passage in both houses earlier this week, it will be presented to voters for approval later this year on Election Day.

A law enacted in 2011, known as the Public Integrity Reform Act, subjected any public official who joined the retirement system on or after Nov. 13, 2011 to pension forfeiture if convicted of certain felonies related to their public office. However, the new law could not apply to public officials who joined the retirement system before that date because of language contained in the State Constitution. The Constitution states that public pensions involve a contractual relationship that cannot be reduced, unless an amendment is made to the document.