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A 44-year-old State Street man admitted in court to stealing $344.50 from the Days Inn in Batavia in October, but as part of a plea deal may with have an opportunity to enter a judicial diversion program.

It will be up to Judge Charles Zambito to decide whether Thomas P. Moynihan can enter a substance abuse program following a report by probation officials to determine his potential eligibility for the program.

Moynihan is due back in court Jan. 3 to hear Zambito's decision.

If Moynihan successful completes the program, his felony charge could be reduced and he would be eligible for probation with no jail time.

If he doesn't successfully complete the program, he would be looking at a prison term of two to seven years.

Moynihan has no prior prison record.

He was arrested by Batavia PD after he went into an area designated for employees at the Days Inn, confronted an employee, demanded money, and then fought with the employee before fleeing.

The employee was not hurt in the incident.

Today he entered a guilty plea to robbery in the third degree.

A change in the law, called the "Green Light Law," that would allow people in the United States without legal permission to be here to obtain a driver's licenses is getting push back in Genesee County from local residents and the County Clerk.

A small group of residents staged a protest outside County Building #1 this morning. Also this morning, County Clerk Michael Cianfrini announced a moratorium on new driver's permits because he is concerned about the lack of training his staff has received about the new law.

"We're out here because we disagree with Gov. Cuomo about the law," said Carl Hyde, or organized the protest. "We're American citizens and we have a right to freedom of speech and to say the law is wrong and we disagree with it."

He expressed concern about DMV staff locally not receiving adequate training to inspect documents from other nations and decide if documents that are presented to determine identity are legitimate documents.

That's also the worry of Cianfrini, who has been hoping the governor would delay implementation of the law or a court would intervene to at least slow down its implementation.

"As it became obvious that none of these were going to happen, I consulted with county management and our county attorney and decided that this was the best course of action in the very short term," Cianfrini said. "As the state has changed many of the policies and procedures that we use to process new applications while providing minimal training and information on exactly how to handle various situations, we were uncomfortable with completing the transactions."

He said that if clerks were presented with documents they could not verify or authenticate, or if the clerks suspected fraud, they would be prohibited from contacting law enforcement and from keeping copies of the docuemnts. At the same time, he said the county DMV has been told to handle suspicious documents "as we always have."

"I am afraid that we will either take a copy of something or report something that we shouldn’t, and find ourselves in violation of the law, or accept and process something that we shouldn’t and likewise run afoul of the law," Cianfrini said. "As we do not discriminate against anyone based upon a suspicion of country of origin or suspected legal status, we felt it necessary to implement this blanket moratorium on new permits to protect ourselves and to be in a position to handle the transactions properly when we start issuing them again.  It is my sincere hope that we will be able to begin processing new permit transactions again within the next few days."

A 37-year-old transient with roots in Batavia will spend 12 and a half years in prison for his first-degree robbery of the Speedway at 204 W. Main St. in September.

Dustin Wayne Bogue was also charged with criminal possession of a weapon and criminal possession of stolen property.

He entered the Speedway at 1:51 p.m. Sept. 14 and Batavia PD responded to a report of a robbery. He was later arrested following an investigation. 

Under terms of a previous plea agreement, the maximum sentence Bogue faced was 15 years. He could have gotten a minimum of 10 years. District Attorney Lawrence Friedman said Judge Charles Zambito decided to split in half the maximum statutory time of 25 years, which is how he arrived at 12 and a half years.

Bogue has previously served prison terms for unauthorized use of a vehicle, second-degree assault, and criminal contempt.

His father, Lewis W. Bogue Jr., was convicted in Genesee County Court in 1995 of rape and sodomy (Dustin Bogue was not the victim). Zambito, according to Friedman, said he realized Bogue had a rough childhood but he said that was no excuse before imposing the prison term.

Video submitted by the Joan Elizabeth Seamans campaign.

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $2.55, down 2 cents since last week. One year ago, the price was $2.38. The New York State average is $2.67 – down 1 cent from last week.

A year ago, the NYS average was $2.71. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $2.65 (down 1 cent since last week)
• Buffalo - $2.61 (no change since last week)
• Ithaca - $2.66 (no change since last week)
• Rochester - $2.65 (no change since last week)
• Rome - $2.61 (no change since last week)
• Syracuse - $2.58 (down 1 cent since last week)
• Watertown - $2.66 (no change since last week)

Total domestic gasoline stocks continue to increase, according to data from the Energy Information Administration (EIA). Stocks increased by 5.4 million barrels in the most recent report, bringing the total to 234.8 million barrels. Additionally, gas demand decreased.

As stocks continue to grow, while demand decreases, pump prices across the nation are likely to continue seeing downward pressure this week before holiday travel begins.

Gas prices are higher this year than one year ago. The year-over-year difference is due to higher crude prices this winter compared to last year.

From Gas Buddy:

"Gasoline prices have now slid to their lowest level since March thanks to rising U.S. gasoline inventories and sluggish demand, certainly bringing some Christmas cheer to motorists," said Patrick DeHaan, head of petroleum analysis for GasBuddy. "The jump in gasoline inventories has been so large it has offset oil prices which touched $60 per barrel last week, as well as the U.S. and China suggesting they've reached a trade deal.

"Pending more significant proven trade ties between the two major countries, we may have seen the rally in oil stall for now, as refined product inventories post notable jumps going into the end of the year. It may take more inspiration for oil's recent run to translate over into lackluster gasoline, with motorists the clear beneficiaries -- they'll be able to spend a bit more on shopping for those last-minute Christmas gifts."

Batavia police officers received delivery of cookies and milk, donated by Batavia's Original, yesterday afternoon from the local GORUCK club.  

Rucking combines strength and cardio training. It is walking with weighted ruck backpacks.

Photo: Officer Wes Rissinger, Officer Miah Stevens, and the Dentino family, Gabrial, 2, with his father Colin, Ryan, 7, and Maria. Colin and Maria participate in GORUCK events.

The Oatkan Knights fell for the second time in the season, moving to 3-2, with a 57 to 46 loss to York at Le Roy.

Andrew Loftus scored 15 points for the Knights. Cody Lyle scored 10 and Gia Caccamise scored 9.

Press release:

The Saturday night (Dec. 14) live card of racing at Batavia Downs has been cancelled due to heavy snow and inclement weather. This ends the 2019 racing season in Western New York as this was the last day of the meet. 

Live harness racing will return to the oldest lighted harness track in America in July.

Western Regional Off Track Betting would like to thank all the horsemen, horsewomen, fans and staff for the record season Batavia Downs had this year and wishes everyone a very Happy Holiday Season.

Press release:

Nate McMurray, the Democrat running for Congress in NY-27, issued the following statement blasting the state GOP for their lawsuit. 

“The GOP’s party bosses are once again prioritizing partisan politics over what’s best for the families of Western New York. These enablers didn’t care about NY-27 having real representation when they supported and bowed down to the criminal Chris Collins, even after his indictment.

"But now, they want to bill the taxpayers for an additional special election because they think it gives them a leg up on holding onto this seat. We should not reward the party machine for failing the hardworking people of this region by enabling a criminal who abused his elected position.

"Regardless of when the special election is held, we will be ready to once and for all deliver the representation the district has been robbed of for years.” 

New York Daily News: State GOP head suing Cuomo over special election to replace disgraced former Congressman Chris Collins

A possible furnace fire is reported at 6185 Oak Orchard Road, Elba. 

The house is reportedly filling with smoke.

Elba fire along with mutual aid from Orleans County dispatched.

UPDATE 12:07 p.m.: We've not heard any further traffic related to this call.

UPDATE 12:15 p.m.: The problem was deemed an over-pressurized furnace and it was addressed and responders put back in service.

Macy and Preslee Blecha are collecting blankets for Christmas to give to patients who fly with Wings Flights of Hope. Their mother, Rachel Blecha, said, "They want to make patients feel more comfortable on their flight.

There is a drop-off Friday from 3:30 to 4:30 p.m. in the parking lot of Alexander Elementary School.

You can also drop off new blankets at Three Little Birds Pediatrics on Ellicott Street and Jody Lynn Salon VIP, or mail blankets to Macy and Presley at 4577 Conway Road, East Bethany.

The Rotary Club Tournament returns to GCC on Jan. 2 and Jan. 3 with Batavia, Le Roy, Notre Dame, and Pembroke competing for the crown.

Game times are at 6 p.m. and 7:30 p.m., each night.

Photo: Kiaya Condidorio, Le Roy, MacKenzie Reigle, Batavia, Montana Weidman, Notre Dame, McKenna Johnson, Pembroke.

Submitted photo and information.

This morning, both Billie and I are flying to Chicago for a local news conference sponsored by Google.

Google is flying in local publishers from all over the country to talk about local news, both how technology is shaping the way news is covered and what tools are available to help with revenue.  

We return on Thursday.

Our evenings will be free and since I've been to Chicago a few times, I'm looking forward to taking Billie to some of my favorite restaurants and bars.

We have coverage lined up for while we're gone and of course, we'll have computers with us so you can still expect to find local news on the site while we're traveling.

For the fifth year in a row, members of local law enforcement put on their uniforms during their time off and showed up on a Saturday morning at Walmart for "Shop with a Cop."

This year, 57 children -- selected with the help of school districts -- were able to use gift cards to buy Christmas presents for parents and siblings as well as themselves while shopping with a police officer.

The New York State Police received a grant for the program, which is divided evenly among troopers, deputies and Batavia PD officers. Additionally, Le Roy PD received a donation from Le Roy Rotary to fund shopping for five children. Walmart donates wrapping and assigns employees to the event.

American Legion Unit 576 placed a wreath on the Monument at St Francis Cemetery in Le Roy this morning in honor of deceased veterans during the holiday season. Pictured are Regina Diskin, Cathy Christopher, Linda Horgan and Mary Ellen Joy.

Photo submitted by Regina Diskin. 

Though their volunteer efforts have spanned a range of activities over many decades, both Tom and Lynn Houseknecht said Friday as they were honored by the St. Jerome Foundation with the annual Health and Humanitarian Award, that the greatest reward has been the friendships they've made over the years.

"Today, I have to tell the truth," Lynn said standing before a sold-out luncheon at Terry Hills, "and the truth is we met most of (our friends) through volunteering. And the fact is, they were already there doing it first and being incredible role models and certainly people we admired.

"And that admiration grew into friendship. We're so very, very blessed to have had so many good, kind, compassionate people as role models and now as dear friends and family. That is definitely the most precious gift of being involved in our community."

Tom said, "Honestly, you should all be standing up here right along beside us."

Among the many charitable causes the Houseknechts have supported, both through donations and as volunteers, are the Arc of Genesee Orleans, UMMC (and previously Genesee Memorial Hospital), Notre Dame High School, St. Joseph School, YMCA, CASA, Batavia Rotary Club, and Resurrection Parish among others.

"Chris Fix asked us why we chose to volunteer where we did," Tom said. "Our longest commitments have been to the hospital, which is important to us for the physical health of our family and friends and the financial health of the community. The Arc, of course, holds a long family history and a special place in our hearts. Education, both public and Catholic, is the route of success of our kids and everyone else's."

Previously: Tom and Lynn Houseknecht to be honored with The Jerome Foundation's Health and Humanitarian Award

A 21-year-old Rochester man with ties to Batavia is charged with gang assault and harassment in connection with an incident on Highland Park on Oct. 4.

The Batavia Police Department released information on the arrest today.

A codefendant in the case, Riley Mayer, 21, of Batavia, pled guilty in Genesee County Court on Thursday to a charge of assault, 2nd. 

A third suspect has not yet been charged, according to District Attorney Lawrence Friedman. 

The victim in the attack allegedly suffered serious injuries.

Falk was arrested in October and arraigned Oct. 7 and ordered held on $5,000 bail or $10,000 bond. There is no information immediately available on his current bail status.

Falk's current address is on Woodsmeadow Lane in Rochester.

He reportedly lived in Batavia in August 2018 when he was charged with disorderly conduct and harassment at a concert at Darien Lake. He reportedly lived in Brighton in September 2015 when he fought with a guard in the Genesee County Jail. In December 2014, he was accused of damaging property in Le Roy. There's no information immediately available on the disposition of those cases.