A 23-year-old former Batavia resident who snatched a wallet from a fast-food patron last fall pled guilty this afternoon to attempted robbery in the third degree.
Misty Guadagno -- who used to live on State Street, but now resides at 1713 Lake Road, Apt. 2, in Hamlin -- admitted to Judge Robert Noonan in Genesee County Court that she forcibly stole a wallet from a Batavia woman on Nov. 13.
The victim was waiting at the counter to place an order at Wendy's when Guadagno pushed against her, took her wallet and ran out, heading toward Genesee Country Mall. A man who'd been eating lunch in the parking lot saw the commotion and chased her down. The citizen, along with two others, kept custody of the thief until police arrived.
The wallet and its contents were retrieved, except for the money, which seemed to have just dispappeared.
Guadagno appeared in court by herself, wearing tight, faded jeans and a tight, light gray hoodie. Her straight blond hair was pulled back in a ponytail. As always, the judge asked the defendant what was the last year of school completed. She told him she graduated high school with a diploma and has completed one and a half years of community college.
When questioned about the crime, Gaudagno told Noonan that she "took several pills that day" and she was "coming off a lot of drugs."
"The whole day was actually a blur," she said.
At this point, Noonan enlightened her about the ramifications of this contention. He said this was an intentional crime and that if it went to a jury, the People would have to prove, not just the theft, but the intention to commit the crime.
But if she were to maintain that being under the influence of drugs impacted her thought process, and the jury thereby found her unable to show intent, the case could be dismissed. So in pleading guilty, she gives up the drugs-made-me-do-it defense and the possibility of dismissal.
District Attorney Lawrence Friedman said the paperwork from the arresting officer states the defendant explained her actions in detail and when asked if she was on drugs, she said, no, she didn't have the money (to buy them).
A recess was declared so counsel Melissa Cianfrini, who is temporarily handling the case for Public Defender Gary Horton, could explain the legal points. They left the courtroom for three minutes and returned. While waiting for the judge to return, Guadagno sat with Cianfrini. They chatted, the defendant re-wrapped her ponytail, appeared at ease, animated and giggling at times.
After Noonan returned, he accepted her plea, wherein she waived indictment by a Grand Jury and said she was guilty of attempted robbery in the third degree, a Class E felony.
She faces up to six months in jail, five years probation, a $5,000 fine, a mandatory $350 surcharge, $50 DNA data base fee, restitution and a 10-percent penalty fee is she fails to pay the unspecified restitution on time. A one-year order of protection was issued for her to stay far and away from the victim in the case.
Her next court appearance is called a pre-sentence investigation, set for 9:15 a.m. on June 17.
She was free to leave until then, despite Friedman's concern about her ability to appear again as promised, based on her actions Monday.
It seems that her case was originally set for 11 a.m. and she didn't show, but called to say she had car trouble and would be there later, at 4:30. The prosecution submitted a petition for a bench warrant, but since the judge wasn't going to be available that late in the afternoon, he rescheduled the case for 2:30 today.
"It was the worst possible time for her to have car trouble," Cianfrini told Noonan.
Previously: Suspected purse snatcher nabbed in Batavia
She openly admits her guilt.
She openly admits her guilt. Has she ever been in trouble before and what has she been doing since the initial arrest? I think those are determining factors that should be taken into consideration "THIS TIME." I'd hate to see her have to live under the thumb of a felony for the rest of her life. If she can get or has gotten her act together, she deserves a chance at redemption.
As far as the car troubles go, that was an idiotic excuse not to appear in court. Call a taxi to get your butt there or make plans in advance to insure that you're in court on time. It shows responsibility and initiative to do what's right. I agree she certainly showed bad judgment there. Appearing in court to answer charges of any kind is no joke if you care about your future and about the people you negatively impacted. The judge can help you or make your life miserable. It's up to you.
Screw up once, okay, lets see what you do with it. C'mon Misty, finish your degree and be something. Show everyone how it's done. Don't contribute to the stereotype that once in trouble, always in trouble. Pick yourself up and have some self respect. Good luck to you.
Wait, Judge Noonan told her
Wait, Judge Noonan told her that "the drugs made me do it" defense would probably get her out of it and she plead guilty anyway? Am I understanding that correctly?
By no means did the judge
By no means did the judge tell Misty that the drugs-made-me-do-it defense (my term) would probably get her case dismissed.
He explained carefully to her that by pleading guilty, she gave up the right to have her case heard by a jury, which would have the option of dismissing her case if it felt she was impaired by drugs, thus not able to form intent.
It was a point of law he wanted to make sure she understood and then he recessed so she could confer with her attorney.
The D.A. pointed out what the arresting officer noted, which seems to indicate she might have an uphill battle in proving a drug-induced state of mind to a jury.
Judges and attorneys take precautions to inform defendants of all their rights, lest a case come back to haunt them.
The laws are so complicated,
The laws are so complicated, it seems. I mean, if a jury can decide that you're innocent by reason of impairment or intoxication, why don't more DUI offenders use that defense? "I was too drunk to know what I was doing so how was I supposed to make a rational decision to drive or not?"
Wow, that could open up a can of spring night crawlers.
Billie, did you serve on the grand jury (Genesee county) about three years ago? I served for 6 weeks and your name sounds familiar.
Doug, I've never served on a
Doug, I've never served on a grand jury, though I'm sure it would be interesting.
I couldn't be the person you have in mind since I only moved to Batavia in August, before that I lived in Pittsford two years, and before that I spent more than 40 years in Southern California.
The Northeast is a whole new world to me. So far, so good.
Another point of law the
Another point of law the judge made, is that Misty's crime is considered an intentional one, not an accidental one, thus the clarification about the formation of intent.
But that's all I know from sitting in court. I'm not schooled in the ways of the law and don't know the finer points. You're right laws are complicated!