Judge Charles Zambito sentenced Sath Paul Dhanda, 39, of Clapsaddle Road, Bethany, to eight months in jail on a conviction, based on a prior guilty plea, to charges of criminal trespass and endangering the welfare of a child.

"I don't know these people," Dhanda said. "I have never seen them. I wouldn't know them if I saw them. I feel awful about what I did. I do believe I deserve time in jail to make sure it doesn't happen again."

First Assistant District Attorney Melissa Cianfrini blamed Dhanda's conduct on his drinking. Dhanda's criminal history goes back to at least 2007, the year after he reportedly suffered a head injury, when he was charged with assault at a residence on Ellicott Street. He's been arrested numerous times since then.  

By his own account and the word of others, Dhanda once had a promising golf career, and after being released from prison on a 2011 conviction for criminal contempt, Dhanda worked as a pro at a golf course in the region.

Today's court appearance today echoed Dhanda's sentencing in 2011 when he told then Judge Robert C. Noonan, "Alcoholism has destroyed my once promising life."

Cianfrini said today, "Everytime Mr. Dhanda drinks, almost every time he drinks, it seems he winds up in legal difficulty. He needs to come to the realization that he's a person who can't consume even one drop of alcohol."

She said he was lucky he hadn't seriously injured himself or somebody else given his lack of self-control when he's drinking. For his own safety and the safety of others, she asked Zambito to give him the longest possible sentence allowed by his plea agreement."

"Ms. Cianfrini is right," Dhanda said. "Alcohol is my problem but it's not every time I drink that I get into trouble but every time I get into trouble it's because I've been drinking."

He said prior to his arrest in July he had trouble with his health insurance and had trouble getting prescription medication. He mentioned going to UMMC and getting his medication and then taking it with alcohol. He said a friend was supposed to pick him up but instead of waiting he decided to walk. He said he blacked out and didn't remember entering the residence on Swan Street.

Dhanda is a good-looking man. Tall with the athletic build of a golfer, he is the son of a once-prominent urologist in Batavia. He is also well spoken and well mannered in court.

Zambito said the probation officer who prepared his pre-sentencing report said Dhanda was his "own worst enemy."

"It's clear," Zambito said reading from the report, "the defendant could do great things with his life if he would stop drinking and doing drugs."

Public Notice

The NYS Dept. of Transportation will have a public information meeting at 6 p.m., Wednesday, Nov. 14, at the Alabama Fire Department Recreation Hall, 2230 Judge Road, Alabama.

This meeting is open to the public and will provide information regarding the proposed roundabout at the Ledge/Alleghany Road intersection.

A car has crashed into a barn and serious injuries are reported at 6857 Swamp Road in Byron. Byron Fire Department is responding along with Mercy medics. The location is west of Hessenthaler Road.

UPDATE 2:55 p.m.: The female driver is conscious and alert and has a broken leg.

A trial date has been set for two men accused of running a scam on Craigslist, but there may also be a plea deal in the works for one or both of the suspects.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, and Quamane J. Santiago, 19, of Main Road, Stafford, appeared in County Court today on what was scheduled to be their plea cutoff date but with the agreement of District Attorney Lawrence Friedman and Judge Charles Zambito the plea cutoff date was extended to Nov. 19.

Tomlin's attorney, Arthur A. Duncan, said he needed more time in light of a decision on a motion handed down by Zambito.

The nature of the motion or the content of Zambito's decision was not discussed in open court.

Tomlin and Santiago are charged with conspiracy in the fourth degree.

They are accused of posting car-for-sale ads on Craigslist with the intent of robbing anybody who showed up to buy the car.

At the time of their arrest, they were allegedly found in possession of fake guns.

Tomlin faces an additional charge of criminal possession of a weapon, 3rd, for allegedly possessing a blunt-force weapon with the intention to use it against a person.

Fred Rarick, attorney for Santiago, did not indicate whether his client is considering a plea offer but Rarick agreed to the extension of the plea-cutoff date.

If no plea agreement is reached in either case, jury selection for a trial is scheduled for March 25.

"The snow should have melted by then," Zambito joked.

Edward F. Perdue, 57, walked into court dressed in a tan state prison jumpsuit with his hands and feet shackled. He seemed confused and wandered in front of the defense table at which point a state prison guard, one of his escorts, pointed to a chair on the other side of the table and told him where to sit.

Perdue was soft-spoken throughout the hearing and when Zambito asked him how he was feeling, he said, "a little depressed and down."

When Zambito asked him if he understood the proceedings, Perdue fought back tears before saying he did.

Perdue, who said he was born in Rochester, is already being held at the Mohawk Correctional Facility since his conviction in April in Monroe County on counts of third-degree burglary, criminal possession of stolen property, 4th, grand larceny, 3rd, and grand larceny, 4th. He was sentenced to three and a half to seven years in prison.

With his guilty plea today to grand larceny, 4th, for the theft of a credit card, the maximum term is two to four years.  

A year ago, Perdue participated with another suspect in a burglary of Plaza Spirits and Mr. Wine and Liquor. A cash box was stolen from the backroom of Plaza Spirts and a credit card was stolen from a purse at Mr. Wine and Liquor.

At one point, when Zambito was questioning about him about his status as a second felony offender, Perdue got a little more animated and exclaimed that he didn't steal $500 cash from Mr. Wine and Liquor.

Perdue's accomplice, Willie Dozier, previously entered a guilty plea to grand larceny, 3rd, as a second felony offender. He was sentenced in September to two to four years in state prison, to run concurrent with his sentence in Monroe County on charges stemming from similar crimes. Dozier was also ordered to pay restitution of $672.

A one-vehicle rollover accident is reported in the area of 6638 Quaker Hill Road, Elba.

Minor injuries reported.

Elba fire and Mercy EMS dispatched

Single or multiple one-hour sessions are available. Discounts available for purchasing multiple sessions.

Must be a YMCA member to sign up for personal training. To sign up for personal training, contact the Batavia YMCA and we will pair you with a trainer to help you start on your road to success!

For more information on membership or personal training offered at the Genesee County YMCA, please contact us at 585-344-1664 or log onto our website at www.glowymca.org.

With only three referral items and little else on the agenda, the Genesee County Planning Board tonight needed only 11 minutes to conduct its business, with the most notable action pertaining to the City of Batavia’s recent sign code review.

County planners recommended approval, with modifications, of zoning text amendments to the City’s packet of sign regulations.

In September, the City Planning & Development Committee reviewed the sign code and recommended the following changes:

-- Expanded list of exempt signs, specifically allowing a greater use of directional signage;
-- Defined drive-thru menu board signs to better conform to typical uses;
-- Clarified some language that may have been subjective;
-- Expanded areas where electronic message boards may be used;
-- Expanded the types of appeals that may be considered by the Zoning Board of Appeals.

With the PDC and County Planning Board’s blessing, City Council now is charged with reviewing the suggested changes to the sign code, coming to a consensus on the matter, scheduling a public hearing and adopting a local law that would put any changes into law.

County Planning Director Felipe Oltramari, speaking after tonight’s meeting, said tackling sign codes is “tricky because you’re dealing with freedom of speech issues.”

“You can’t regulate content, but you can regulate (sign) placement, size and color,” he said. “If you have to read the sign to see if it is in regulation, then you’re regulating content.”

Oltramari then said content can be regulated when safety is involved – signs that read “danger” could present a hazard, for example – but that the government holds “content” to a higher standard.

“We try to steer communities away from regulating content,” he added.

As far as modifications are concerned, county planners are advising that City Council solicit its attorney’s opinion on whether “open and closed” signs or “hours of operation” signs could be considered content-based restrictions, and whether the ZBA is permitted to grant area variances for non-dimensional issues.

It is the County Planning Board’s view, stemming from talks with a NYS Department of State lawyer, that non-dimensional variances, such as lighting type, should be considered use variances and not area variances.

City Council adopted its current sign code in January 2017 through a local law that significantly changed the previous version. Since then, the City’s Inspection Bureau reported that numerous questions have come up as to interpretation and intent of the code, and requested a review and, if necessary, amendments to the code.

In other action, the planning board recommended approval of the Town of Byron’s updated Comprehensive Plan, acknowledging the extensive work of the town’s officials.

Whether certain statements Jennifer K. Urvizu-Hanlon made while in custody May 18, during the police investigation into a homicide and shooting the day before on Central Avenue in the city, can be used against her in court will be decided by Judge Charles Zambito by Jan. 4.

Urvizu-Hanlon appeared in court today for a hearing on the admissibility of those statements, called a Huntley Hearing (or a suppression hearing), and her attorney tried to use his time in court to also press for statements and notes from police that he believes his client has been wrongfully denied as he prepares to take her case to trial.

Whether Hanlon's statements can be used may come down to how Zambito views, within the scope of prior case law, two things Hanlon said during her interview with Det. Thad Mart, Batavia PD, that may indicate she had doubts about talking with police.

During the interview, she apparently said, "If I'm guilty of something I should have somebody here, I guess," and "I guess I should have somebody here" followed by "I don't have a lawyer."

A short time later she specifically asked for an attorney, at which point Mart terminated the interview and, apparently with enough evidence at that point, placed her under arrest.

Urvizu-Hanlon, the former owner of La Mexicana store on East Main Street in Batavia, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old accused of shooting Nathaniel D. Wilson Jr., who murdered Terry J. Toote with a knife on Central Avenue on May 17.

In a discussion after the hearing, with a reporter present, between defense attorney Christian Kennedy and First Assistant District Attorney Melissa Cianfrini, Kennedy said he doesn't dispute that the statements were equivocal.

Prior case law makes it clear, and Kennedy said he knew he would lose a motion on this point, because saying "I guess" or "maybe" is equivocal, whereas a statement like, "I want to speak to an attorney," or even, "I want to speak to my dad," or "I want to speak to my friend" is unequivocal and any statements made after that point to police might not be admissible at trial.

Kennedy said he will base his written motion, to be filed later, on other grounds but did not disclose what his argument will be.

Det. Kevin Czora testified today followed by Det. Mart.

Czora said police obtained a warrant to search Urvizu-Hanlon's car as part of their investigation into the crimes on Central Avenue and that her car was located and stopped in the parking lot of Valu Plaza at about 2:25 p.m., May 18. 

Urvizu-Hanlon was taken into custody for questioning and placed in the back of a police cruiser. At that point, she volunteered to an officer that there was a handgun in her car, as well as ammunition and that the gun was either on the passenger side next to the center console or in the trunk in a bag.

Czora then read her Miranda warnings (the right to an attorney, to remain silent, etc.) and she waived her rights. He then questioned her about the gun and its location.

At that point, Urvizu-Hanlon was transported to the police station where Mart questioned her.

The interview was videotaped and a DVD of that interview was placed into evidence.

Mart said Urvizu-Hanlon acknowledged that she had been read her rights and had waived those rights, agreeing to speak with him.

He said the interview started at 2:45 p.m. and terminated at 3:04 p.m. when she asked for an attorney.  

The substance of the interview, other than her two statements about maybe she should talk with somebody, was not discussed during today's hearing.

When Kennedy questioned both Czora and Mart, he tried to ask questions about their involvement in the investigation on May 17 but Cianfrini objected to that being outside the scope of a Huntley Hearing and Zambito sustained the objection.

Kennedy said he had been denied "Rosario material," which refers to material in possession of the prosecution that may have a bearing on the case.  

Zambito said Kennedy was entitled to Rosario material relevant to the Huntley Hearing (no such material was in dispute today) but statements, documents, and notes, won't become subject of a Rosario motion until trial, if there is a trial.

In 18 years of practicing law in other courts, Kennedy said, he had never been denied this material at this stage. This is a long-standing common complaint of defense attorneys in criminal cases in Genesee County Court.

The Batavian reported in September that Kennedy may be preparing a justification defense based on the idea that Blackshear and Hanlon had just witnessed Wilson murder Toote. Zambito has apparently issued a ruling limiting Kennedy's ability to use this defense. But based on today's discussion, Kennedy will present another motion and try to make the point that there is no case law that addresses this particular situation -- where the gun used was licensed and legally carried by the person who handed it over to a third party who used it.

As for the Huntley Hearing, there will be an additional written motion and argument filed by Kennedy and an opportunity for the people to answer. Zambito must also view the video of the interview. The case was put on the calendar for Jan. 4 with a written ruling from Zambito expected before that appearance.

A car-deer accident with injuries and airbag deployment is reported at  3429 W. Main Street Road, Batavia.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 6:01 p.m.: An officer on scene reports very minor injuries.

The theater and music departments of Alexander High School will perform "Guys and Dolls" this weekend.

Showtimes are 7 p.m. on Saturday, and 2 p.m. and 7 p.m., Sunday.

Tickets are $9, or $10 at the door. Students, seniors, and veterans can purchase tickets for $7 or $8 at the door. To purchase tickets online, click here.

Directors and crew:

• Director, Kate Schrodt
• Music Director, Mark Hoerbelt
• Pit Conductor, Rachel Clark
• Set Design/Builders, Jeff Houseknecht & Ethan Schrodt
• Choreographer, Mary Loliger
• Costumer, Loretta Stratton
• Sound Technician, Trinity Reynolds
• Light Technician/Stage Manager, Hunter Doran

The Cast: 

• Nathan Detroit, Carson Daley
• Miss Adelaide, Alyssa Lafferty
• Sky Masterson, Nick Allen
• Sarah Brown, Lydia Daley Nicely-Nicely, Nolan Quackenbush
• Benny Southwest, Connlan Hotnich
• Rusty Charlie, Shawn Calmes
• Harry the Horse, Bradley Caudill
• Lt. Brannigan, Kylie Shillea
• Angie the Ox/Joey Biltmore's Voice, Ethan
• Stroud Big Jule, Jake Day
• General Cartwight, Kasey Smith Arvide,
• Holly Ulrich Waitress/Actress, Erin Hess
• Hot Box Dancers: Allison, Paige Sikorski Ferguson, Julia Francis Vernon, Emma Cline, Mimi, Emma Ferraro
• Mission Band: Leanne Dolph, Jasmine Wessel. Morgan Burns, Sara Chase, Kathryn McClellan, Olivia Burkhardt, Mercades Koschara, Hailey Szczygiel

A car has struck Santino's Pizzeria at 2 Main St. in Oakfied. No injuries are reported. Oakfield Fire Department is responding.

Julia A. Hawley, 41, of Coward Road, Byron, is charged with operating a motor vehicle while ability impaired by drugs, failure to keep right, and moving from lane unsafely. Shortly after midnight on Wednesday Nov. 8, the Genesee County Emergency Dispatch Center received a call about a single-vehicle accident with injuries on Batavia-Elba Town Line Road. Investigation by the Genesee County Sheriff's Office determined Hawley was the sole occupent of the Chevrolet Silverado that left the roadway, striking a tree stump. Hawley was transported to Strong Memorial Hospital by Mercy Flight. She was allegedly impaired by drugs at the time of the accident and arrested. She was also issued citations. The accident was investigated by Deputy Andrew Mullen, assisted by Deputy Jenna Ferrando. Elba Fire Department also Mercy EMS assisted at the scene. (For previous coverage, click here.)

Shante C. Johnson, 21, of Holland Avenue, Batavia, is charged with grand larceny in the fourth degree. A complaint of a wallet and credit card stolen in September was reported to the Le Roy Police Department and investigated. Johnson was arrested on Nov. 6 and issued an appearance ticket to be in Le Roy Town Court on Dec. 3. It is alleged that Johnson stole the wallet from a fellow employee while working in the Village of Le Roy and then attempted to use a credit card from the wallet in the City of Batavia.

Miguel Hernandez-Gonzalez, 35, of East Road, Bethany, is charged with driving while intoxicated, DWI with a BAC of .08 percent or higher, and unsafe backing. Hernandez-Gonzalez was arrested following a motor-vehicle accident on East Road in Bethany at 4:42 a.m. on Nov. 3. The defendant was issued an appearance ticket and is due in Bethany Town Court on Dec. 27. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

A caller in the Walmart parking lot reports that he was threatened because of his Trump bumper sticker.

He claims it was a threat of physical violence.

A trooper and deputy dispatched.

UPDATE 2:50 p.m.: A trooper interviewed all parties involved. No arrest. A woman with a male made an anti-Trump statement to the man with a Trump bumper sticker on his truck. He said something back. It escalated from there but didn't become physical. Both the trooper and deputy on scene couldn't recall a prior incident in the Trump Era of threats over a bumper sticker, though the trooper recalled a Trump supporter in 2016 getting slushies dumped on his car and an anti-Trump note being left.

A WBTA listener found this dog near Ellicott Street Road and Shepard Road, Batavia, and is hoping to find the owner.

The dog is described as friendly.

If you're the owner, the person who found the dog can be reached at (585) 813-2336 or (585) 356-3438.

UPDATE Friday, Nov. 9: Reader Doug Dielgelman wrote to tell us the "owner of awesome black and white dog located and is back home."

Press release:

Tops Markets LLC (“Tops” or the “Company”) today announced that the United States Bankruptcy Court for the Southern District of New York (“the Court”) has confirmed the Company’s Plan of Reorganization (the “Plan”). Tops expects to complete its restructuring and emerge from Chapter 11 shortly.

“We are pleased to receive the Court’s approval of our Plan and are poised to emerge from this process an even stronger and more competitive company,” said Frank Curci, chief executive officer of Tops. “Through this process, we have accomplished several key objectives, including significantly reducing our debt, creating a viable cost structure and efficiently optimizing our store portfolio.

"Importantly, we provided an opportunity for employment to every associate who was interested and impacted by store closings at other nearby stores. Our restructuring will create an even more exceptional shopping experience for our customers and assure that we will continue to serve our communities like no one else can.”

“On behalf of everyone at Tops, I want to thank all Tops associates, who have continued to provide customers with convenient, friendly and high-quality service. I also want to thank our loyal customers, suppliers and other stakeholders for their continued support throughout this process.”