When we were first launching The Batavian one of the ways we tried to get the word out about the new site was to take out ads in the Genesee County PennySaver.

The first time I met somebody who said, "Oh, yeah, I read about you in the paper."

I was like, "What?"  I knew the Batavia Daily News hadn't published anything about The Batavian.

It took three or four times of people telling me that they had read about The Batavian in "the paper" that what they meant was the PennySaver.

It's a common problem that broadcasters have long complained about -- exclusive ad campaign gets credited by viewers and listeners to "the paper."

Often when I'm out taking pictures, people who know very well who I am and all about The Batavian will tell their friends, "oh, your picture is going to be in the paper."

My general response is, "No, even better, The Batavian."

Once or twice a week I get phone calls from people who think they're calling the Batavia Daily News. During the Wendt trial somebody told me they recently had an argument with a neighbor who insisted that the Daily owns The Batavian. (For those who don't know, that's not true -- Billie and I own The Batavian and we have no affiliation whatsoever with the Daily News.)

The point of all this is, I know The Batavian's advertising is very effective. I hear from readers all the time about how much they like our ad layout and that they do support our advertisers. Further, from what I've been told, Wine Walk ticket sales skyrocketed as soon as the BID's ad went up on the site. And one advertiser told me recently that he got more calls in two weeks than he did in the previous years of advertising in print.

Billie and I appreciate your support of The Batavian but it's important to remember that, when you take advantage of the services of our sponsors, you tell them you saw their ad on "The Batavian."

And here's our thanks to our sponsors -- the list of the local businesses and organizations you should join us in supporting:

3 D Wine & Spirits
Adam Miller Toy and Bicycle
Alberty Drug Store
Alex's Place
Anglican Community Church
Baker's Frontier Kitchens
Barrett's Batavia Marine and Sporting Supplies
Beds 'n' Bones Pet Lodge
Beverly's Flowers
Blue Pearl Yoga
Bontrager's Auction
Bontrager's Real Estate
Carlson's Studio
CASA
Cedar St. Sales and Rentals
Center Street Smokehouse
Charles Men's Shop
Christiano Cellular
Classic Home Improvements
Crazy Cheap Cars
The Daily Grind
D&R Depot Restaurant
Delavan's Restaurant and Tavern
Empire Tractor
The Enchanted Florist
Fastec Automotive
Foxprowl Collectibles
Genesee Dental Group
Genesee Graphics
Gilmartin
Hair Studio 25
H.E. Turner & Co.
I.R. Systems
The Insurance Center
Jason the Juggler
J. Leonard McAndrew
John's Service Station
Ken Barrett
KleenAll
Kraving's Kafe
Lamb Family Medicine
Larry's Steakhouse
Lawley Genesee
Lawrence Sealers
Lewis and Lewis
Main St. Pizza Company
Making Memories of Travel
The Mane Attraction
Margarita's 
Mark Lewis Agency
Matteo & Mullen, CPA
Matty's Pizzeria
Max Pies
Michael Tomaszewski
Mobile Dog Grooming
Movies in Motion
Mr. Wine & Liquor
Next Level Fitness
O'Lacy's Irish Pub
Oliver's Candies
Optique
Pauly's Pizza
Pellegrino Auto Sales
Pheasants on the Flats
Photos by Roth
Present Tense Books
Pudgie's Lawn and Garden Center
P.W. Minor
Red Osier
Select Collision
Settler's
Sloat Tire
South Beach
South Main Country Store
St. Joseph's School
St. Paul's School
Stafford Trading Post
Southside Deli
Tender Loving Family Care
Terry Hills
T.F. Brown's
Topline Shirt Company
Valle Jewelers
West Main Wine & Spirits
WNY Blacktop Sealers
WNY Fireplace Outlet

Given the interest in New York in consolidation of all sorts, this post from a newspaper website in Michican reveals some interesting findings:

Consolidation of school districts as a money savings strategy is not supported by the research, which concludes: consolidation will not reduce the costs for education, and it may very well have a negative impact on student performance.

And

... “a systematic review of evidence on school systems in Michigan demonstrates that larger school districts are no more efficient or effective than smaller districts” and further (as for) "the argument for economics of scale, there is very little evidence that larger educational units will achieve economics of scale in administration or operations.”

And

The study from the Mackinac Center (Coulson, 2007) indicated that “consolidating small districts could save $31 million while breaking up large districts could save $363 million." Another study in Michigan (LeTarte, 1992) revealed that there would be an increase in administrative costs, and there would be a significant increase in teacher costs due to a correlation between teacher salaries and district size, given that Michigan is a strong union state.

And

The study from Syracuse University (Duncomb & Yinger, 2001) noted some benefits to consolidation, but the disadvantages are more significant: higher transportation costs, negative labor relations effect, lower staff motivation, lower student motivation.

And

An Arizona study (Murray & Groen, 2004) summarizes that “contrary to expectations, research overwhelmingly shows smaller decentralized school districts have superior student achievement and efficiency” ...

Finally,

The American Legislative Council (2002) indicated that “on average, fewer students per school and fewer schools per district are associated with higher SAT, ACT, and NAEP scores.

Top 10 most viewed posts for September:

• Notorious woman allegedly trashes buffet at South Beach, by Billie Owens
• Jury in Wendt case finds him guilty on all 11 counts
• Batavia man with lengthy criminal past sent to prison for five years
• Guy on porch with rifle prompts calls, police response, by Billie Owens
• Batavia woman accused of letting drug dealers operate from her home
• Batavia PD asking for help in IDing larceny suspect
• Report of knife fight on State Street
• Law enforcement kept busy on concert nights at Darien Lake
• Today's Poll: Can Paladino beat Cuomo?
• As city finances improve, council balks at raise for manager

Total Visits: 240,776
Total Page Views: 403,533

A year ago:

Total Visits: 137,705
Total Page Views: 302,986

 The National Kidney Foundation Serving Western New York held its annual Genesee County Kidney walk today at Genesee County Park. 

Participants walked 1.5 miles around the park to raise money for the National Kidney Foundation, then came back to a shelter where there was plenty of food and drink available. Care-a-Van ministry was also on hand with plenty of drinks and prayer for those in need. 

Continued after the jump:

Walk Chair, Batavia Police Detective Richard Schauf, has a special connection to the cause. In 2007, his daughter Rachel was a senior at the Rochester Institute of Technology. Out of nowhere, she began not feeling well. She was diagnosed with Wagner's Vasculitis, which clogs the filtration system of the kidneys, along with causing other health problems. Because of Rachel's young age, many of her test results came back negative. But suddenly her kidneys began to rapidly deteriorate. She was in stage 5 kidney disease before she was diagnosed. Rachel then had to go on dialysis. 

"One day you don't have a problem, the next day your on dialysis," Schauf said. "She was just cruising through life when this disease decided to get ahold of her. My message is that this can happen to anyone."

Rachel was lucky enough to get most of her kidney function back and was able to get off of dialysis. Today Rachel is in remission and has made a positive out of her experience with kidney disease. 

"No one knows what an ordeal this is unless you have been through it," noted Schauf. "Knowing how this disease devastates families made me want to help others."

The Genesee County Kidney Walk raises funds to make a difference in the lives of people like Rachel, the 170,000 Western New Yorkers with kidney disease, and the 1,600 individuals in our community who are on dialysis.

The NKF is a major health organization seeking to prevent kidney and urological diseases, improve health and well being of individuals and families affected by these diseases, and increase the availability of organs for transplant. For more information visit www.kidney.org

Pictured here are the 10 members of the Committee for the NKF Genesee County Walk. They are: Jim and Sue Rosenbeck, Rich and Debbie Schauf, Carrie DiFrancesco, Tracy Stokes, Kathy Frank, Maria Batt, Louis and Rustie Reeb.

For those interested, next year's walk will be held on Sunday, Oct. 2.

GoArt! presented seven recipients with community arts awards at its annual gala Saturday night at the Batavia Party House in Stafford.

Besides the awards, the event featured live music, a Chinese auction, raffle prizes -- including a $5,000 diamond and sapphire ring -- and a buffet dinner.

Community arts awards went to James Catino, Cobblestone Society Museum, Evelyn Lyman (pictures above), Rosaline "Roz" Hayes (posthumously) and Brad London, with special recognition awards going to the Genesee County Master Gardeners and Bob Terry (for details on the winners, click here).

More pictures after the jump:

Tom Rivers bidding on an item in the Chinese Auction.

The $5,000 ring modeled by Abby.

Alfie Batt, of Orleans County, who created the cover artwork for the event's program.

Master of ceremonies, Dan Fischer

Singer-Songwriter James Catino of Batavia.

A representative of the Cobbleston Society Museum in Orleans County.

Go Art! Director Kelly Kiebala.

A son and daughter of the late Roz Hayes.

Pati Cultrara, daughter of the late Roz Hayes.

Brad London, of Orleans County, who was nominated for his award by Batavia Daily News staff writer Tom Rivers (behind London).

Representatives of the Genesee County Master Gardeners.

Batavia resident Bob Terry.

If a sellout isn't enough measure of success for the inaugural Taste of Fall Wine Walk in downtown Batavia, the obvious fun all the guests and business owners were having Saturday evening, certainly sealed the deal.

More pictures after the jump (you won't see a frown or a scowl in the bunch!):

Elba/Byron-Bergen's strong defensive line was able to bottle up the middle of the field against Fighting Irish on Saturday, containing Notre Dame's powerful running game and limiting the home team to 190 total yards.

Notre Dame's only score came at the end of the first half, when the Lancers botched a field goal attempt and senior Mike Pratt scooped up the loose ball and raced 75 yards for the touchdown.

The Lancers moved to 3-2 with the 19-7 win. The Irish are now also 3-2.

Dylan Bordonaro continued to set the pace for the Lancers, rushing for 162 yards on 25 carries and being a force on defense.

Bordonaro scored for the Lancers on runs of 16 and 27 yards. Elba/BB's other touchdown came on a six-yard pass from Eric Kowalik to Cameron Fonda.

Nate Jonathan had seven tackles for the lancers, plus two sacks and a forced fumble. Brandon Shuknecht notched 12 tackles and made a fumble recovery.

In other Genesee County football action Friday and Saturday:

• Batavia traveled to Bath where the Blue Devils (1-4) lost 29-12. Ryan Pyatt carried the ball 13 times for 120 yards and Aaron Gugel completed 11 of 25 for 117 yards. Justin Washington scored on a 12-yard pass and Gugel scored on a one-yard run.
• Pembroke (4-1) beat Oakfield-Alabama (0-5), 33-6 (coverage).
• Attica (4-1) shut out Alexander (0-5), 38-0.
• Le Roy (3-2) dropped Warsaw 48-0. Tommy McQuillen rushed for 172 yards and three touchdowns.

With Holley's win over Baker, three teams in the Genesee Region, including Pembroke and Attica, now have identical 4-1 records.

This coming Friday and Saturday's games:  Batavia will be at home at 7 p.m., Friday, for seniors night against Bishop Kearney; Cal-Mum brings a 4-1 record into Le Roy at 7 p.m., Friday, for what is traditionally an exciting game against two big rivals; also on Friday at 7 is Notre Dame at Pembroke and Holley at Alexander. On Saturday, Oakfield-Alabama is at Elba/Byron-Bergen.

More pictures from Elba/BB vs. ND after the jump:

Reminder: If you've purchased a particular gift certificate in the past six months, you're not eligible to purchase the same gift certificate today.

Carlson's Studio, 39 Jackson St., Batavia, NY: Professional portraits mean business. Or preserve lasting memories of those special occasions. We have a $100 gift card for $50 (+$2 PayPal Service fee).

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Everything for autumn, lots of bulbs, seasonal decor, too, all beautiful and reasonably priced. We have a $25 gift certificate for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Carlson's Studio

Jim Nigro didn't set out to be a writer. In fact, when he was a kid, he didn't even really like stringing words together.

But with his love of nature and a life path that put him in a position to try some new things, Nigro just sort of fell into telling stories about hunting, fishing and observing what he found around him out in the wild. As for writing, it turns out, he really loves it.

The Batavian's outdoor columnist, in fact, has just published his second book -- a novel called "Tapestry: A Life Walk Among Friends."

The story revolves around two friends growing up in a small town much like Batavia, starting in the 1950s and going through the 1970s.

Nigro said though it's fiction and most characters are at best composites, about 90 percent of events in the book are drawn from his experiences or those of friends.

"Anybody who grew up here in the '50s, '60s or '70s will recognize their hometown," Nigro said.

Nigro's love of nature began when he was a small child visiting his aunt and uncle's house on Old Creek Road.

"I was knee-deep in mother nature at a very early age," Nigro said.

That love of nature and the friendships that grow from enjoying the outdoors together is the backdrop for Nigro's story.

Regular readers are aware of Nigro's outdoor adventures, which has taken him to various parts of the United States, including Alaska and such exotic locales as the Bahamas and the Sea of Abaco.

Along the way, the 60-year-old Nigro said, he's made some good friends and like anyone in life, had some rough patches.

In 1968, Nigro was about to embark on a military career -- all he needed to do was sign the contract -- but one afternoon, just after he had bought a sausage at the St. Joe's Lawn Fete, Nigro spotted a young woman walking by. Nigro dropped the sandwich right in the trash and walked home. He told his mother he was abandoning his military plans and going back to school.

That young lady was Claudia. They married in 1971 and have been together ever since.

After getting married, Jim got a chance to get a good-paying job in construction, so he wound up in that trade for about 20 years. Then he was offered a job -- through a connection of his father's -- at the Meadowlands, so he moved his family to New Jersey.

While Jim said he made some good friends there, it wasn't necessarily a good time.

"Ten years of staring at the New York City skyline, I grew to appreciate where I came from," Nigro said. "I was really homesick. I missed the little simple things like a ride from here to Elba or from here to Oakfield and all of those wide-open spaces."

The Nigros came home and Jim went to work at the Trojan factory and was there until it was sold to foreign investors and closed.

After that, Nigro decided to take advantage of a government program for retraining and returned to Genesee Community College to get a degree in commercial art.

After graduating, he had some scholarship offers, but not enough to pay for him to get a higher degree, so he had to go back to work and wound up in the landscape business, which he really enjoyed for about eight years.

Nigro started his writing career almost by accident. During his first year at Trojan, the Batavia Daily News was advertising for a part-time sportswriter and Jim applied. He didn't get the job because he didn't yet have a degree. The sports editor at the time figured maybe the job should go to somebody with a degree who didn't have a job.

A couple of years later, that editor was in JC Penney buying an engagement ring and Claudia mentioned that he knew her husband. They struck up a conversation and that led to Jim and the editor getting back in touch.

The editor wanted somebody to write a series of five outdoors articles.

That series became eight years of outdoors writing for the Daily. It also became fodder for Nigro's first book, "Dear Sam: Remembrances for My Grandson," a collection of true outdoor adventures and lessons Nigro wanted to share with his first grandson.

Ater the eight-year writing stint, Nigro and the Daily parted company and he came to really miss writing those columns. When The Batavian came along, Claudia contacted the online-only news site to see if there would be space for an outdoor column. Of course there would.

About this time, Jim decided that he really needed to write this novel, but he couldn't get it done while working full time. He and Claudia talked it over and decided they could get by if he quit his landscaping job to write.

"We decided to trust God," Nigro said, who with Claudia had by this time raised a son and a daughter (they now have four grandchildren).

And it's worked out fine, Jim said. And he got his book done.

Besides writing the book, Jim also drew many of the illustrations (there's also two photographs and one drawing by Claudia).

The book release party will be at 6:30 p.m., Thursday, at GoArt!, located at Seymour Place, 201 E. Main St., Batavia. The first copies of the book will be available and Jim will be there to sign personalized copies.

In our pursuit of covering a wide variety of local high school sports, we took in a Batavia High girls volleyball game on Friday.

The Blue Devils (3-6) dropped the match to Brighton 25-23, 25-22, 25-23.

More photos after the jump:

A possible barn fire has been reported in the area of 602 Cohocton Road, Corfu.

Pembroke and Indian Falls fire have been dispatched.

UPDATE 10:20 a.m.: An assistant chief on scene says it was a small fire and appears to be out. Units told to come in non-emergency.

View Larger Map

The Pembroke Dragons destroyed Oakfield-Alabama's homecoming hopes last night in a one-sided game that was nearly a shutout. The final score was 33 to 6.

Pembroke scored early in the game on a 2-yard touchdown run by Caine Cole and never slowed down.

They scored twice in the second quarter on a 21-yard touchdown pass from Cody Bedard to Jamie Scherer and a 1-yard touchdown run by Caine Cole.

Pembroke scored again early in the third quarter on a 32-yard touchdown run by Jamie Scherer, however, Caleb Lang's extra point attempt was blocked.

Late in the 3rd quarter, Jamie Scherer ran 17 yards for another Pembroke touchdown.

Oakfield finally scored for the first time in the game midway through the 4th quarter, but their extra point attempt went wide left.

A motorcycle accident with injuries is reported at the intersection of Council House Road and Meadville Road.

Alabama Fire and Mercy EMS being dispatched.

UPDATE 4:38 p.m.: Apparently there's been only one call about the accident. It doesn't appear any other vehicles are involved. The rider is reportedly still on the ground.

UPDATE 4:40 p.m.: Victim is conscious and breathing, but some heavy bleeding. Mercy Flight requested to the scene.

UPDATE 4:54 p.m.: Mercy Flight on its way, about a seven minute ETA.

UPDATE 5:04 p.m.: Mercy Flight is at the scene.

UPDATE: Several minutes ago, Mercy Flight left the scene and all Alabama units are back in service.

An individual was arrested on Main Street a few minutes ago. He was apparently wanted on a warrant out of Wyoming County. There is no further information available at this time, and Officer Eric Hill said the department does not usually put out press releases on out-of-county arrest warrants, so there may be no further information available.

Adam W. McGill, 32, of Medina, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia (scales), 2nd, and unlawful possession of marijuana. McGill was arrested by State Police in the Town of Batavia at 10 p.m., Wednesday. Arrested at the same time and charged with criminal possession of a controlled substance (cocaine), 5th, was Dianne M. Gallegher, 41, of Shelby.

Ann K. Pokornowski, 50, of 520 Ellicott St., Batavia, is charged with criminal mischief, 4th. Lauren K. Pellegrino, 28, of 129 Jackson St., Batavia, is charged with harassment, 2nd. Pokornowski and Pellegrino are suspected of becoming involved in a dispute over a mobile phone. Pokornowski allegedly damaged Pellegrino's phone and Pellegrino allegedly pushed Pokornowski.

Donald F. Stillwagon II, 25, of 142 Pearl St., Batavia, is charged with felony assault, 2nd, obstructing governmental administration and harassment, 2nd. This list of charges is a correction issued by Batavia PD on a report from yesterday.

David W. Wells, 21, of Bergen, is charged with DWI, aggravated unlicensed operation, moving from lane unsafely, failure to stay in designated lane, speed in excess of conditions, violation of a conditional license. Wells was arrested by State Police at Strong Memorial Hospital for the alleged violations that reportedly occurred at 2:26 a.m., Sept. 17, in the Town of Byron. No further details were released.

Care-A-Van Ministries held their annual Back to School cookout for the GCC students.

The Care-A-Van band provided music, Pastor Dale Gooch from the Emmanuel Baptist church was on hand to give a great message and the Young Adult group from New Hope was on hand to give out goodie bags and notebooks to the students. Care-A-Van will be visiting the dorms once a month to take treats, prayers and encouragment to the students this upcoming school year.

I recently went to DMV/Batavia to apply for a non-driver enhanced ID. This option is available even if you have a drivers license. Being over 62, this option is cheaper than the Enhanced Drivers License.

I presented all the proofs required. Drivers license, SS card, birth certificate along with an electric bill and property tax bill for proof of residence.

The electric bill and property tax bill were rejected as proof of residence. Both these documents have my home address listed on them, but they were mailed to my PO box.

There are 36 types of documentation listed on DMV/ID-44EDL which can be used as proof of residence; but have to be MAILED TO YOUR RESIDENCE. No PO boxes.

Therefore, I was rejected and the only option I was given was to cancel my PO box and install a mail box at my home address.

Upon returning home, I called the DMV helpline. I spoke to a very pleasant young lady explaining my situation. No help. I then spoke with her supervisor who also could not help with my situation. He did state though that "apparently the politicians didn't think this through completely". (Nothing new there)

Bottom line; if you receive ALL your mail at a PO box, you are not eligible to receive an Enhanced Drivers License/ID. (I can't be the only person in the state with this problem.)

I'll be going to Sen. Ranzenhofer's mobile office at Pembroke Town Hall tomorrow; perhaps I can obtain a more logical explanation. (I won't hold my breath, but will report on what transpires.)

Vic Marchese has achieved something few small business owners ever get to claim -- in just five-and-a-half years after opening Main St. Pizza Company, he now owns the building.

"I'm just shocked by how much business we're doing," Marchese said. "It's good. It really is. I'm thankful. I'm thankful to the guy upstairs, I guess."

The success has meant, however, that the original Main St. Pizza space at 206 E. Main St., Batavia, has gotten crowded. Marchese said he needs to expand. He certainly needs to expand the kitchen, he said, but he would also like more seating area.

"It's crazy, but on a Thursday, Friday or Saturday, I'll have 20 or 30 people standing out there," Marchese said.

Marchese has thought about putting in a dining room upstairs, but said it would be more cost effective to open up a dining area in the basement. He would also like to acquire space in front of the building from the city and put in a deck or patio for diners.

Marchese didn't make the building purchase on his own. His nephew, Paul Marchese, owner of Marchese Computers on Ellicott Street, is co-owner of the building.

The acquisition comes just in time for Vic to celebrate National Pizza Month in October, a promotion he's getting fully behind, with one lucky customer becoming eligible to win a big screen TV.

Marchese said he loves food, pizza, especially the pizza business. He's been at it for more than 35 years. He worked 20 years in somebody else's pizza shop, then ran Vic's Doghouse on Park Road for nine years, and now Main St. Pizza.

"I really love what I do," Vic said.

Ken Mistler, whose downtown building ownership dropped from 10 properties to nine with the sale, said it was Vic's idea and he supported it because he believes Marchese will be a  responsible downtown landlord. Mistler noted that if a poor owner got a hold of a building such as the one Vic bought, it could bring down his own property values.

"I was glad to sell it to him because I'm sure he's going to take care of the building," Mistler said. "He will be an asset as a landlord downtown."

When 25-year-old Ronald J. Wendt, convicted Monday of aggravated vehicular homicide and 10 other charges, is sentenced Nov. 15, Genesee County Judge Robert C. Noonan will have a range of sentencing options.

Under statute, each felony and misdemeanor carries its own sentencing guidelines, but all of the sentences will likely be served concurrently.

Here are the charges and sentencing options:

1. Driving While Intoxicated as a misdemeanor: 1 year maximum;
2. Driving While Intoxicated, per se, as a misdemeanor (i.e., driving with a BAC of .08 or greater): 1 year maximum;
3. Vehicular Manslaughter, 2nd, a Class D felony: 1 to 3 years, minimum; 2 1/3 to 7 maximum;
4. Aggravated Vehicular Homicide, a Class B felony (referred to as the "top count"): 1 to 3 minimum, 8 1/3 to 25 years maximum;
5. Manslaughter, 2nd, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
6. Vehicular assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
7. Aggravated Vehicular Assault, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
8. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
9. Vehicular Assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
10. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
11. Assault, 3rd, a misdemeanor: 1 year maximum.

On a count like aggravated vehicular manslaughter, Noonan could pick the one to three range, and it would mean Wendt would be eligible for parole after one year. If Noonan gave Wendt the maximum under that charge, Wendt would be eligible for parole after eight-and-one-third years. He couldn't serve more than 25 years.

Noonan could also set a range within the minimum and maximum.

Given that Count #8 and Count #10 carry minimum two year sentences, Wendt would have to serve at least two years in prison, even if Noonan picked a lower range on the higher class felonies.

Some key cases that have come before Noonan for sentencing in the past year:

• Scott F. Doll, convicted of beating to death Joseph Benaquist: Doll received 15 years to life. Noonan could have sent Doll to jail for 25 years to life, but said it didn't seem right to lock Doll up for the rest of his life when younger men convicted of the same crime would be getting out of jail in their 50s.
• Thomas Wallace, who admitted to watching porn while driving his truck just as he plowed into a disabled car on the Thruway, killing an Amherst mother, received a three to nine year prison term.
• Dennis M. Abrams, the mastermind of robbing an M&T Bank branch in Elba, where he and his accomplices terrorized the tellers, received a 13 1/2 year sentence.