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Man facing a lifetime jail sentence doesn't get bail from Judge Noonan

By Howard B. Owens

A man with multiple felony convictions who is accused of breaking into a State Street home and stealing several items while an elderly woman slept, won't get out on bail or bond any time soon.

Judge Robert Noonan denied a defense request to release Reginald M. Wilson, of 283 Seneca Manor Drive, Rochester, on $10,000 bond.

Wilson's sister was apparently ready to post bond, using her house as collateral.

"You're asking me to presume that a defendant facing a life-in-prison sentence because he's a persistent felon would care about his sister's $10,000?" Noonan said.

At which point, Wilson sat up straight in his chair and said, "Yes."

"That's a stretch," Noonan said, and Wilson slumped back in his chair.

Noonan noted that Wilson has 30 prior arrests, 12 convictions and 6 felonies on his record.

Two of his convictions led to state prison time, which means a third such felony conviction -- which Wilson is facing now -- means a life sentence.

Man admits to attempted burglary at Graham Manufacturing building

By Howard B. Owens

A man accused of attempting to break into a Graham Manufacturing building on Aug. 14 plead guilty today to attempted burglary.

There are apparently other unindicted co-conspirators, District Attorney Lawrence Friedman indicated in court, and Robert S. Douglas of Batavia will be expected to testify against them if they ever come to trial.

In exchange for his guilty plea and promise to testify, Douglas could receive a prison sentence of only one-and-a-half to three years.

Douglas, who has a prior felony DWI conviction and appeared in court in chains and the orange prison garb of the Genesee County Jail, was scheduled to be released following his guilty plea under supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m.  He is married and has a child.

The Batavia Police Department has not previously released information on break-ins at the Graham building. Yet there is some hint from the court proceedings today, that there was more than one break-in that Douglas and possible cohorts were involved in. In addition, news of Douglas' arrest previously was not released (at least, at the moment, I can't find any record of any such release).

Larceny suspect doesn't get far with motion to throw out ID and statements

By Howard B. Owens

A Buffalo man suspected of tricking a woman out of $2,000 at Tonawanda Valley Federal Credit Union heard Judge Robert Noonan dismiss two of his attorney's key motions this afternoon.

The witness identification and his reportedly self-incriminating remarks following his arrest can be used at the possible trial of 69-year-old Yusuf A. Hassem,  a.k.a. Louis L. Reed, Judge Noonan ruled.

Defense Attorney Fred Rarik tried to argue that the photo array used by the victim to identify Hassem was flawed because Hassem was described as a well-dressed man at the time of his alleged crime, and in the array Hassem is the only possible suspect not well dressed. That made Hassem stand out more, Rarik argued.

Rarik said the photo array was "the most suggestive I've ever seen," and he accused police of leading the witness to understand the suspect was bald, wearing glasses and jewelry was like building "a Mr. Potato Head."

Rarik also asserted that police investigators did not properly read Hassem his rights.

Judge Noonan said the fact is that none of the six mug shots used in the array matched each other, so the witness was not necessarily guided toward a particular answer. The photo array itself wouldn't be admissible anyway, Noonan said, but the witness identification would be admissible.

Further, none of Hassem's potentially incriminating statements were made before Hassem was read his rights and told he was under arrest.

Hassem has been offered a plea deal, according to District Attorney Lawrence Friedman, that would have him serving only one-and-a-half to three years. If he doesn't accept the plea before Dec. 1, Hassem will go on trial Feb. 1.

Hassem first made the pages of The Batavian after police released a surveillance camera photo of him from Tonawanda and I noted that he was the same man I saw earlier that day in the parking lot behind Alberty Drug's.

Motorcyclist critically injured in accident on Swamp Road in Byron

By Howard B. Owens

An Elba man is in critical condition at Strong Memorial Hospital following a single-vehicle motorcycle accident on Swamp Road in Byron this afternoon.

Thomas M. Legler, 49, was reportedly not wearing a DOT-approved helmet when he apparently lost control of his bike around 3:34 p.m..

The initial investigation indicates that Legler was westbound on Swamp Road when he failed to navigate a sharp turn in the roadway. His 2003 Harley Davidson crossed the double-yellow line and then skidded on its side, exiting the roadway on the south shoulder. Legler was ejected from the motorcycle.

There were no passengers.

Speed is believed to be the primary factor in the accident. Alcohol is not considered a factor.

Legler was transported to Strong via Mercy Flight.

The investigation is ongoing and being handled by Deputy Butler, Sgt. Walker and Sgt. Scott of the Genesee County Sheriff's Office Crash Management Team.

Today's Deals: Kravings, Blue Pearl Yoga, Matty's, Carlson's Studio and more

By Howard B. Owens

Kravings, Valu Plaza, West Main Street, Batavia, N.Y. : Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers!  We have a $20 gift certificate for $8.50.

Carlson's Studio, 39 Jackson St., Batavia, N.Y.: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $100 gift card for $50 ($2 PayPal fee).

Blue Pearl Yoga, 200 E. Main St., Batavia, N.Y.: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week Pilates session (one class per week), which is a $56 value, for $28.

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

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Motorcyclist involved in accident on Swamp Road in Byron

By Howard B. Owens

A motorcyclist has crashed on Swamp Road in Byron. He has reportedly suffered a head injury. First responder report is that he is semi-conscious.

Mercy EMS and Byron and South Byron fire departments are responding.

Mercy Flight has been dispatched.


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Man who admitted to attempted burglary fails to appear for sentencing

By Howard B. Owens

A warrant is being issued for the arrest of a Lockport man who failed to appear in Genesee County court this morning for his sentencing on an attempted burglary conviction.

(name redacted upon request) admitted in May to entering a portion of a business in Darien that the public was not authorized to enter and grabbing bags of money. The manager caught him before he could leave.

As part of xxxxx plea deal, Judge Robert Noonan had offered him probation with a sentence cap, but xxxxx is now looking at incarceration once he's arrested.

Noonan also indicated that both the Genesee County and Orleans County probation departments recommended Wisniewski be jailed for some time rather than given probation.

Farmers to rally in Le Roy this morning calling on Paterson to release stimulus funds

By Howard B. Owens

Local dairy farmers will join Assemblyman Steve Hawley in a rally in Le Roy at 11 a.m., calling on Gov. David Paterson to use federal stimulus funds to aid struggling dairies.

The dairy industry is caught between historically low prices for milk and rising production costs.

Stimulus funds are needed to stabilize Western New York's economy and create and maintain jobs, according to Hawley.

Hawley will be joined at the rally by Assemblyman Cliff Crouch (R,I-Guilford).

Statement issued by Hawley's office:

New York State's family dairies are currently facing the most difficult economic conditions in the modern history of the industry. Dairy producers are being paid prices that are catastrophically below the price of production for their milk, regardless of the size of their operations, and economists predict that fluid milk prices may not increase for another year.

The governor's office has indicated that the stimulus funds can't be used in such a manner, but at the same time, a Catholic charity in Buffalo recently received stimulus funds to support its efforts.

The rally will be at Stein Farms, 8343 Gully Road, Le Roy.

Police Beat: Pair charged with interferring with DSS investigation

By Howard B. Owens

George M. Hodges, 19, of 9 S. Lyon St., Batavia, and Daniel D. Williams, 20, of 20 Mill St., Batavia were both charged with disorderly conduct and obstructing governmental administration. Batavia Police officers were at an Oak Street residence assisting the Department of Social Services in an investigation when the suspects allegedly yelled profanities at the officers and confronted investigators and attempted to prevent them from speaking to the residents.

Randy Johnson, 21, of 10182 Brookville Road, Alexander, is charged with criminal mischief and unauthorized use of a motor vehicle. Johnson allegedly took a vehicle without permission of the owner, and when confronted by the owner, Johnson allegedly caused damage to the vehicle. The incident was investigated by Deputy Chad Minuto.

Richard Jordan Franz, 19, of 9898 Simonds Road, Corfu, and Michael Richard Bitter, 19, 3198 Pike Road, Alexander, are charged with unlawful possession of marijuana. Franz and Bitter were arrested after deputies came to an unspecified residence to investigate a reported suspicious circumstance and allegedly found Franz and Bitter in possession of marijuana. The incident occurred at 1 a.m. Saturday.

Hal D. Philips, 58, of 11096 Molasses Hill Road, East Bethany, is charged with DWI, aggravated DWI, refusal to submit to breath test, failure to keep right and operating with a suspended registration. Philips was stopped on Molasses Hill Road by Deputy Kevin McCarthy for alleged failure to keep right at 11:45 p.m. on Tuesday.

Primary Results for Genesee County

By Howard B. Owens

Here's tonight's primary election results:

Town of Byron, Supervisor (Republican Primary): 
Felton, 119
Crnkovich, 109

Town of Darien, Council (Democrat Primary, vote for two)
Fleming, 33
Plitt, 65
Ferry, Jr., 51

Town of Pembroke, Council (Republican Primary)
District 1: Arnold (47), Worth (34), Schneider, Jr. (26)
District 2: Arnold (46), Worth (48), Schneider, Jr. (13)
3 & 4: Arnold (91), Worth (108), Schneider, Jr. (51)
Total: Arnold (184), Worth (190), Schneider, Jr. (90)

Town of Stafford, Highway Superintendent (Conservative Primary)
Pontillo, 8
Boldt, 12

Today's Deals: Delavan's, Alex's, Kravings and Pudgie's

By Howard B. Owens

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: 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.

Alex's Place, 8322 Park Road, Batavia, N.Y.: 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.

Pudgie's Lawn and Garden Center, 3646 West Main Road, Batavia, N.Y.: Autumn is the time to think about spring flowers -- and Pudgie's has a great selection of bulbs already in stock, ready to plant. We have a $25 gift certificate for $12.50.

Kravings, Valu Plaza, West Main Street, Batavia, N.Y. : Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

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

SOLD OUT

 

Head-on collision reported on East Main Street, in front of Tully's

By Howard B. Owens

A head-on collision, with minor injuries, has been reported in front of Tully's on East Main Street.

Engine 12 and Mercy EMS are responding.

UPDATE 4:10 p.m.: I drove by. Nothing to see. Neither car had much damaged and were being driven to a side street.

Fire alarm sounded at Time Warner Cable

By Howard B. Owens

Engine 12 and Ladder 15, City of Batavia, are responding to a general fire alarm at 29 Cedar St., the office of Time Warner Cable.

UPDATE 1:47 p.m.: False alarm due to construction.


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Natural gas extraction in Southern Tier a threat to clean water

By Howard B. Owens

For outdoorsmen, especially those who enjoy the streams, creeks and lakes of Western New York, the plan to pump natural gas out of the shale of the Southern Tier should be a concern.

From the Rural Blog:

We first reported on the controversial drilling process called "fracking," injecting a high-pressure cocktail of chemicals, water and sand into rock formations to release natural gas, in February. EPA's first investigation of water contamination due to fracking revealed contamination in 11 of 39 wells tested in Pavillion, Wyo., Bob Moen of The Associated Press reports. (Read more)

Fracking is how gas companies plan to extract gas from Southern Tier deposits.

The potential for contaminating delicate fish habitat is enormous.

Primary day for some races in Genesee County

By Howard B. Owens

There are four primary elections in Genesee County today.

There are Republican primaries in Byron and Pembroke for town board seats.

In Darien, there's a three-way Democratic primary for two town board seats.

In Stafford, the Conservative Party will pick a candidate for Highway Superintendent.

Polls are open until 9 p.m.

Police Beat: Alleged rape of 14-year-old in Corfu

By Howard B. Owens

Billy Joe Budziszewski, 18, no permanent address, is charged with rape in the second degree and endangering the welfare of a child. Budziszewski is accused of having sexual intercourse with a 14-year-old girl in the Village of Corfu. He was jailed on $10,000 bail.

An 11-year-old boy from Harpersville is charged with rape, having sexual intercourse with a minor, a criminal sex act and sex abuse. According to a State Police blotter item, the victim appears to be 11-years-old or younger. The arrest was made in Elba. The case remains under investigation.

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