Man accused of rape in Batavia given prison term for violation of probation
A Batavia man is going to serve at least a year in prison for a violation of probation but his fate on rape charges remains pending.
While held in the Genesee County Jail, Justin T. Gladney, 30, appeared virtually in County Court today on his violation of probation conviction.
His appearance on his rape charges was continued until March 23, when all parties are expected to appear in person.
Nearly a year ago, Gladney admitted to a violation of probation and according to District Attorney Lawrence Friedman, he's subsequently been arrested on other charges. Those arrests, Friedman argued, meant Gladney had violated his sentencing cap offered to him for his guilty plea.
Instead of one to three years, Friedman said, he should get one and a third to four years.
Gladney was arrested locally in June 2020 and later in Monroe County.
His attorney, Marty Anderson, argued that Gladney is facing allegations from those arrests and hasn't been convicted. He asked for a one-year local sentence on the felony violation of probation conviction.
Gladney blamed his prior bad behavior on drug use and said he has been through treatment and is a changed man.
Judge Charles Zambito agreed with Friedman and sentenced Gladney to one and a third to four years in state prison.
Gladney is facing a criminal indictment on counts of first-degree rape, a Class B violent felony, third-degree rape, a Class D felony, and possession of a sexual performance by a child, a Class E felony.
A Class B violent felony carries a possible sentence of five to 25 years.
He is accused of a violent rape in early June on Lehigh Avenue, Batavia, of sexual intercourse while being older than 18 with a child 15 or less.
Gladney remains in custody locally while his rape charges are pending.