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Batavia Police looking for Alberty larceny suspect

By Howard B. Owens

Do you know this man? He's wanted by the Batavia Police as a suspect in a larceny at Alberty Drug Store on East Main Street, Batavia.

The incident occurred Wednesday about 6:30 p.m The suspect was last seen on foot heading toward Jackson Street.

No word on what he is suspected of stealing.

Anyone with information can contact the Batavia Police Department at (585) 345-6350.

Sex offenders, convicts out of jail and suspects get surprise visits from local law enforcement

By Howard B. Owens

Local law enforcement agencies conducted a sweep of the area last night checking on registered sex offenders and convicts on probation or parole.

In all, about 100 people received an unexpected visit from a plain clothes or uniformed cop.

Five arrests were made on outstanding warrants and nine people were found out of compliance with the terms of their release.

A total of 50 registered sex offenders had their current addresses verified.

Sixteen people out of jail under the supervision of Genesee Justice were checked, and three people were reportedly found out of compliance of the terms of their release. Those cases were referred to Genesee Justice for further review.

Fifteen people under the supervision of the county probation department were checked, and two were reportedly found out of compliance of the terms of their release. The investigation is continuing on these cases.

Eighteen New York parolees were checked on and four were reportedly found out of compliance of the terms of their parole. The investigation is continuing on these cases.

Arrested on outstanding warrants were five Batavians: 

  • Gary Amarosa, 52, of 4029 W. Main St. Road.
  • Thomas Kennelly, 26, of 16 Maple St.
  • Raquel Ramos, 29, of 329 Ellicott St.
  • Ballard Maye, 23, of 35 Maple St.
  • Kirk Frye, 20, of 3207 Pratt Road

Participating in the sweep were City of Batavia Police, Genesee County Probation, New York State Division of Parole, Genesee County Sheriff's Office, Genesee County Local Drug Enforcement Task Force.

A dispute over marijuana leads to fight, according to Le Roy Police

By Howard B. Owens

A Le Roy man allegedly stole marijuana from a suspected drug dealer, who then brought friends back from Batavia, leading to a fight at 31 Myrtle St., Le Roy, on Jan. 23.

Sought in connection with the fight is James J. Santiago Jr., 30, of 31 Myrtle St., Le Roy. The arrest warrant charges him with robbery 3rd (stealing the marijuana), assault 2nd and criminal possession of a weapon 3rd. (Santiago is pictured left.)

Already in custody is Ronald G. Carney, 21, of 1990 Genesee Street Road, Corfu. Carney, who reportedly suffered a three-inch cut to his neck in the fight, is charged with burglary 2nd. Carney is accused of entering Santiago's home with the intent to commit a crime. He was jailed on $1,000 bail. (Carney is pictured below.)

According to Le Roy Police Det. John Condidorio, two Le Roy residents ordered two ounces of marijuana from a dealer in Batavia. The deal was to take place around 10 p.m. in a parking lot on Lake Street. As the deal went down, Santiago allegedly stole the marijuana and fled with two other men.

The person who had the marijuana stolen called friends in Batavia. He then returned to Batavia and met up with five other people, and all six reportedly returned to Le Roy with the intent of recovering the marijuana.

The six individuals arrived in Le Roy and walked into Santiago's home and reportedly confronted Santiago. Santiago allegedly refused to return the marijuana, and the confrontation reportedly became physical.

Police say the weapons used in the fight included a knife and golf clubs.

There were initially reports of shots fired, but Le Roy Police have been unable to corroborate the use of a gun in the incident.

A total of nine people were involved in the alleged melee.

The six people who attempted to retrieve the marijuana fled the scene without it, according to police.

A total of three people, including Carney, suffered knife cuts and were treated and released at area hospitals, according to police.

The investigation is continuing and further arrests are pending.

The Le Roy Police are seeking the public's help in locating Santiago.

Police Beat: woman accused of hitting another person with broomstick

By Howard B. Owens

Tiffany A. Kent, 21, of 18 East Ave., Batavia, is charged with menacing 2nd and harassment 2nd. Kent allegedly struck another person in the face with a broomstick. She was jailed on $500 bail.

Joseph Martin Blatchley, 31, of 3233 Pratt Road, Lot 26B, Batavia, is charged with unlawful possession of marijuana. Blatchley was arrested by Deputy Christopher Parker following a complaint by his ex-girlfriend, who reported seeing marijuana or a pipe in his sunroom during a visit with their child.

Accidents from the State Police blotter:

9:12 a.m., Jan 27, Galloway Road, Batavia, two vehicles; Driver 1: Timothy R. Battaglia, 29, of Batavia; Driver 2: Bernadine Lindquist, 74, of Basom. No injuries. No citations reported.

3:04 p.m., Jan. 27, Oakfield, one vehicle; Driver 1: Juan C. Villegasmora, 24, of Batavia. No injuries. No citations reported.

Alleged burglars caught during daring daylight break-in

By Howard B. Owens

"Fulge and Giesy" doesn't quite have the poetic ring of "Bonnie and Clyde," but the Rochester couple are allegedly partners in crime.

The duo was reportedly caught in the act this afternoon of allegedly burglarizing a home on Griswold Circle in Le Roy.

Operating on a tip from the Monroe County Sheriff's Department, members of the Genesee County Sheriff's Office, the Le Roy Police Department and the Genesee County Local Drug Enforcement Task Force were quickly on scene at 2:50 p.m. after Benjimin Giesy, 31, allegedly entered the a home at 7878 Griswald Circle.

Lindsey M. Fulge, 27, reportedly sat in the getaway car waiting for Giesy.

Giesy had allegedly broken down the front door of the house to gain entry and had already allegedly stolen jewelry, silver and coins from the residence.

When law enforcement officers arrived, they took Fulge in custody first and then entered the house to apprehend Giesy.

Giesy reportedly tried escaping by jumping from a first-floor window. He was quickly apprehended without further incident.

Fulge and GIesy were also allegedly found in possession of a small amount of heroin, hypodermic needles and marijuana.

Both were charged with burglary 2nd, grand larceny 4th, criminal mischief 3rd, possession of a hypodermic instrument, criminal possession of a controlled substance and unlawful possession of marijuana.

Monroe investigators have been working on a string of burglaries involving Rochester residents hitting Genesee, Ontario and Wyoming counties.

All items allegedly taken from today's burglary were recovered.

Fulge's bail was set at $50,000 and bail for Giesy is $100,000.

Burglar caught on Griswold Road

By Howard B. Owens

An alleged would-be burglar has just been busted on Griswold Road.

Law enforcement (probably Sheriff's Deputies and State Troopers) officers on scene were setting up to take the suspect while he was still in the house.

A female was reportedly waiting in a car outside the house.

It's unclear how law enforcement became aware of the burglary in progress. Several units responded to the scene.

The owner was not apparently home and officials did not have contact information for him.

UPDATE: While the initial call said "Griswold Road," it was actually Griswold Circle in Le Roy. You can read the arrest report here.

Police Beat: Woman accused of insurance fraud

By Howard B. Owens

Wendy Lynn Mucher, 40, 27 Valle Drive, Batavia, is charged with insurance fraud 3rd. Mucher allegedly presented a State Farm agent a receipt containing materially false information related to her claim for payment.

Kyle Davis Faron, 26, of 8133 Remsen Road, Pembroke, is charged with felony DWI, felony driving with a BAC of .08 or greater and unsafe lane change. Faron was stopped at 1:23 a.m. by Deputy Jason Saile in front of Faron's residence.

Judge denies motion to produce phone records in Wendt case

By Howard B. Owens

If Defense Attorney Thomas Burns wants the mobile phone records of the occupants of a Toyota in which one of the passengers was killed in an accident, he will need to subpoena them himself.

Judge Robert C. Noonan denied Burns' motion to require the prosecution to produce the records.

In his ruling, Noonan noted that the defense can obtain the records subpoena duces tecum, which means "bring with you under penalty of punishment."

Asked whether he would issue such a subpoena, Burns responded:

The Court has decided that the items sought can be independently secured by the defense. Of course there are a number of hurdles to acquire the information necessary to issue an appropriate subpoena to acquire them. The defense merely sought the assistance of the prosecution in providing that information. Since the ruling requires the defense to independently acquire such information we will do just that. The irony is that in a civil proceeding the discovery mechanisms provide for almost unlimited disclosure from the opposing party, by use of depositions etc., these things are not available to a criminal defendant. Nor does a prosecution witness have any obligation to speak to a criminal defendant's attorney or investigator. However, it is my intention to take whatever steps are necessary to secure records of all occupants of the vehicle. The remaining issue is that of relevance. For a jury to be informed of the content of such information the Court would need to be convinced that such information is relevant and probative on a material issue in the case.

Burns is defending Ronald J. Wendt, a 24-year-old Alexander resident who faces numerous felony charges following the accident that took the life of Katie Stanley, 18, of Dansville. Criminal enhancements sought by District Attorney Lawrence Friedman could lead to as much as a 25-year sentence. Wendt allegedly had a BAC of .08 at the time of the accident.

The dirver of the Toyota, Rachel L. Enderle, 27, also of Dansville, was named in a lawsuit filed last month in Rochester by one of the occupants of the car, Michael A. Enderle.

There were apparently no skids marks left by the Toyota prior to hitting Wendt's pickup truck.

Wendt is in jail on $250,000 bail after he reportedly violated the terms of his previous release by riding a motorbike to work.

For previous coverage of the Ronald J. Wendt case, click here.

Police Beat: Man faces charges following fight with girlfriend

By Howard B. Owens

Todd James Pangrazio, 34, of 8032 E. Main Road, Le Roy, is charged with coercion 1st, criminal mischief 4th, endangering the welfare of a child and harassment 2nd. Pangrazio allegedly got into a fight with his girlfriend and "instilled fear in her," and damaged her mobile phone, preventing her from calling for help. He also allegedly had physical contact with her and two children under age 17. The case was investigated by Deputy Frank Bordonaro.

Eslie James Worthington III, 20, of 2609 Batavia-Oakfield Townline Road, is charged with harassment 2nd. Worthington is accused of striking another person in the face at about 2 a.m. on Dec. 20. (Worthington was also involved in a one-vehicle accident Dec. 27 in which he suffered a head injury.)

A 17-year-old boy from Oakfield has been charged with forcible touch. The alleged incident occurred in December. He is accused of inappropriately touching a female who was at his residence. The case was investigated by Kristopher Kautz.

Grand Jury Report: Insurance fraud charges filed against former corrections officer

By Howard B. Owens

Following its session last week, the following indictments were handed down by the Grand Jury:

James S. Gibbs faces a 24-count indictment stemming from an allegedly false disability claim. Gibbs was originally arrested on these charges in October 2009. The indictment includes charges for grand larceny, insurance fraud and offering false instruments for filing and a violation of the worker's compensation law.

Jason W. Wolf is charged with grand larceny 3rd. Wolf is accused of stealing more than $3,000 in unemployment benefits between August 2007 and February 2008.

Micahel P. McDonald is charged with DWI and DWI with a BAC of .08 or greater. McDonald is accused of operating a 2004 Suzuki in the parking lot of 355 W. Main St. on Sept. 21, 2009 while drunk.

Daniel N. Brown is charged with grand larceny 4th. Brown is accused of stealing child support payments valued at more than $1,000. The alleged crime took place in the Town of Le Roy between January and June 2008.

Man who assaulted deputy given four years in state prison

By Howard B. Owens

A Batavia man who admitted to assaulting a Sheriff's deputy and escaping arrest will serve four years in state prison for the assault.

Ryan L. Krupp, 24, will serve a concurrent 2-4 year term on the escape 2nd charge.

The maximum sentence Judge Robert C. Noonan could have imposed was seven years. Defense Attorney Jerry Ader asked for a minimum sentence of three years.

Ader noted that Krupp has previously completed substance abuse treatment and held a job, making him a candidate for a minimum sentence.

"When he makes the right decisions, they’re good decisions," Ader said.

If Krupp were not a second felony offender, the minimum sentence would have been two years.

Krupp said he was very sorry.

"If I could take it back, I sure would," Krupp said.

Noonan made very little comment before imposing the sentence.

Deputy Patrick Reeves suffered a minor ankle injury when Krupp reportedly shoved him out of the way while Reeves was arresting him on a warrant last October.

Police Beat: Pavilion man accused of using baseball bat to threaten another person

By Howard B. Owens

William G. Cummings, 59, of 9815 Lake St., Pavilion, is charged with menacing 2nd. Cummings was arrested at 2:58 a.m. Friday after allegedly threatening another man by brandishing a baseball bat.

Roy R. Bell, 29, of 283 Seneca Manor, Rochester, is charged with forcible touching and endangering the welfare of a child. Bell is accused of inappropriate contact with a 16-year-old girl.

Woodrow C. Horseman, 33, of 3 Lewis Place, Batavia, is charged with petit larceny. Horseman is accused of stealing two 18-packs of beer from Tops.

Timothy E. Moon, 35, of 315 Bank St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater, inadequate headlamps, failure to notify DMV of an address change and having an open container. Officer Eric Bolles reportedly observed Moon operating a motor vehicle with inadequate headlights at 1:22 a.m. Sunday.

Jaclyn E. Spiegel, 23, of 147 Ross St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater and moving from lane unsafely. Spiegel was stopped by Officer Kevin Defelice at 1:38 Saturday morning for an alleged unsafe lane change on E. Main Street at Bank.

John Francis Biegas, 19, of 6496 Clinton St. Road, Stafford, is charged with criminal nuisance 2nd, unlawful possession of marijuana and unlawful possession of alcohol with intent to consume. Biegas is accused of hosting an underage drinking party at his home.

A 17-year-old girl from Batavia is charged with aggravated harassment 2nd. The youth reportedly contacted another person in Pembroke via MySpace several times after being told not to.

Gerald E. Buchinger, 60, of 5159 Ellicott St. Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Buchinger was identified as a suspect by Deputy James Diehl after a driver on Batavia Stafford Townload Road left the roadway and struck shrubs and trees and a residence.

A 17-year-old student of Pavilion School is charged with unlawful possession of marijuana. During an invited canine sniff search of school grounds, the K9 alerted on a car in the parking lot. Upon investigation Deputy Brian Thompson allegedly found marijuana, drug paraphernalia and a realistic looking C02 pistol.

Ami Lou Blackmore, 48, of 30 Exchange St., Attica, is charged with DWI, felony aggravated DWI for driving with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Deputy Jason Saile, at 5:08 a.m. on Friday, investigated a report of trespass at 650 Bloomingdale Road in Alabama. Saile came into contact with Blackmore and arrested her for the alleged offenses.

Joshua C. Mciver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with unlawful possession of marijuana. Mciver was arrested at 11:24 p.m. Thursday at College Village by Deputy Jason Saile.

Michael L. Milroy, 43, of Bethany, is charged with torture/injure/not feed an animal, menacing 2nd and reckless endangerment 1st. Milroy was arrested by State Police at 12:07 a.m. today at 5461 Mclernon Road, Bethany. No further details are available.

Brett W. Short, 23, of Stafford, is charged by State Police with endangering the welfare of a child. Short was arrested at 2:29 p.m. Saturday. The alleged incident occurred Dec. 23. No further details are available.

David G. Duignan, 43, of Batavia, is charged by State Police with DWI, driving with a BAC of .08 or greater, and failure to keep right. Duignan was stopped in Albion at 8:57 p.m. Friday.

Accidents reported in the State Police blotter:

8:26 p.m., Jan. 23, Bank Street Road, Batavia, one vehicle; Driver 1: Christopher J. Byers, 19, of Brockport. No injuries. No citations.

Men reportedly wounded in fight in Le Roy were not shot

By Howard B. Owens

Le Roy police are continuing to investigate a possible fight in the area of 31 Myrtle Street early Saturday morning.

The initial reports of the 1:15 a.m. incident indicated there may have been shots fired, but none of the three men injured in the fracas suffered gunshot wounds.

The alleged fight seems to have involved five or six young men.

All three men who were injured were cut by a sharp object. One man was cut in the chest and treated at UMMC. Two other men were treated at Strong Memorial Hospital, one for a neck wound and the other for an arm wound.

No names have been released and no arrests have been reported.

Det. John Condidorio said in a statement:

As of this time it has been determined that there were two groups involved in an altercation in the area of 31 Myrtle Street, however the investigation is continuing to attempt to determine what actually transpired and no further information is available for release at this time.

The Le Roy Police Department is being assisted in the investigation by the Genesee County Sheriff’s Department, Genesee County Drug Task Force, New York State Police and the Genesee County District Attorney’s Office.

Anyone having any information relating to this investigation is encouraged to contact the Village of Le Roy Police Department.


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Report of shots fired on Clay Street in Le Roy overnight

By Howard B. Owens

There was apparently a report of shots fired on or around Clay Street in Le Roy last night -- according to readers who contacted The Batavian -- at about 1:30 a.m.

Chief Chris Hayward of the Le Roy Police Department responded to our request for more information with this message: "We are currently conducting an investigation but at this point I have no further comment."

In a follow up e-mail, Chief Hayward confirmed that two people were taken to the hospital, but they did not have gunshot wounds.

"Can't tell you a lot at this point because we are getting different stories," Hayward wrote.

UPDATE 4:21 p.m.: Det. John Condidorio issued the following statement on behalf of the Le Roy Police Department:

On 01/23/2010 at about 1:15 A.M., The LeRoy Police Department received a report of a disturbance or break-in at a residence in the Village. Subsequently three persons required medical assistance and were sent to the hospital for treatment. Two of the three have been released and the status of the third is unknown.

Le Roy's meth lab suspects get release from county jail

By Howard B. Owens

The final two defendants suspected of taking part in a meth lab operation at 28 Clay St., Le Roy, have gotten their get-out-jail-free cards.

Christopher J. Elmore and Koree R. Stephenson appeared in court this afternoon and Judge Robert C. Noonan granted First Assistant District Attorney David Gann's request to release both pending dismissal of the State charges against them by a lower court.

Like their three other co-defendants, Elmore and Stephenson are facing Federal drug charges and will be on supervised release under Federal jurisdiction. Elmore is also facing charges out of Le Roy for allegedly passing fake $10 bills. No bail had been set in that case, and it was not a factor in today's short hearing.

Bail had originally been set at $75,000 on all five defendants. The original state charge against all five was criminal possession of a controlled substance 2nd.

Yesterday afternoon Kari L. Riggi was released in the afternoon and Nathan D. Bernard was granted release in the morning on the State drug charges, though he's still serving a 90-day sentence on another charge. Joshua A. Miller, who appeared in court with his attorney, was already free pending trial but under a noon to 8 a.m. home curfew, which only allows him time to go to work.

At the federal level, all five are charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore also faces an enhanced weapons charge.

NOTE: This post confirms what we first reported yesterday that all five were due for release and that local charges are in the process of being dismissed.

(Billie Owens contributed to this story.)

Multiple felon to plea offer: No dice

By Billie Owens

A Rochester man with 12 prior convictions, including five felonies, rejected a plea offer Wednesday from the Genesee County District Attorney and will go to trial instead.

Reginald Wilson was arrested back in September for allegedly breaking into a home on State Street and was charged with burglary in the 2nd and criminal possession of stolen property. He was reportedly caught driving a vehicle stolen from the residence.

Because of his priors, Judge Robert Noonan initially refused bail to Wilson. But in November, Noonan offered him $100,000 bail or $200,000 bond. He remains in custody.

Yesterday, District Attorney Lawrence Friedman offered Wilson the chance to plead guilty to a class D violent felony in the second degree with sentencing as a second felony offender instead of a persistent offender. If convicted as a persistent offender, Wilson could serve a life sentence.

Wilson nixed the offer and a trial date was set for March 29, with a pretrial conference at 9:30 a.m. and jury selection at 10.

Shackled, wearing orange jail garb, his hair in tiny dreadlock braids, Wilson looked over his right shoulder a couple of times during his brief courtroom appearance. He scanned the gallery for friends or family but there were none.

The judge set a cut-off time at which the DA's offer is off the table for good. It's 11 a.m. Feb. 26.

Town of Pembroke board member convicted on illegal fireworks charge

By Howard B. Owens

BATAVIA, NY -- A Town of Pembroke board member was fined $200 yesterday following a bench trial in City Court for allowing fireworks to be detonated during a party at his house in June.

Several hundred people attended the party at Gary DeWind's house, according to Michael Mohun, his attorney. Mohun said the party was thrown in honor of DeWind's son, a major in the Army who was being sent to Afghanistan.

The casings for a total of eight rocket-type fireworks were recovered, Mohun said. "Not hundreds, but eight."

The trial was moved from Town of Pembroke Court to City Court because of DeWind's status as a board member and to avoid any possible conflict of interest. Judge Robert Balbick presided.

The charge was an infraction and carried fine of $80 plus a $120 surcharge.

"There was no property damage and nobody was hurt," Mohun said.

Police Beat: Man accused of running up more than $1k on employer's credit card

By Howard B. Owens

Bret L. Bellacosa, 51, of 7852 Hewes Road, Bergen, is charged with grand larceny 4th. Bellacosa is accused of allegedly using his employer's credit card to fill up his personal vehicle with gas on several occasions. The total amount purchased reportedly exceeded $1,000. The case was investigated by Det. Charles Dudek of the Batavia Police Department.

Sean Douglas Lacy, 23, of 7248 W. Bergen Road, Bergen, is charged with harassment 2nd. Lacy was arrested late last night for allegedly punching another person in the face.

Lisa M. Smith, 37, of 5 Thorpe St., Batavia, is charged with criminal contempt 2nd. Smith allegedly called another person in violation of an order of protection.

John T. Kingsley, 32, of Stafford, is charged with 30 counts of petit larceny. Kingsley was arrested Jan. 14 by State Police for allegedly stealing from a business on Veterans Memorial Drive. No further details were released.

Accident reports from the State Police blotter:

8:54 a.m., Jan. 19, Route 77, Pembroke, two vehicles; Driver 1: Tammy M. Corbin, 29, of Batavia; Driver 2: Cody L. Pahuta, 18, of Corfu. No injuries. No citations.

Five meth lab suspects from Le Roy likely to be released to Feds, State charges dismissed

By Howard B. Owens

Now that the five defendants in the Le Roy meth lab case are facing Federal charges, First Assistant District Attorney David Gann anticipates that the State charges filed against them will be dismissed.

The five defendants will be released to Federal supervision, and some of them will be released from county jail.

The first of the five to come up for potential release from county custody was Nathan D. Bernard, who appeared in County Court this morning.

Bernard is currently serving a 90-day sentence on a trespassing conviction.  He is scheduled to be released March 6.  At the request of Gann, Judge Robert C. Noonan released Bernard on his own recognices pending completion of his sentence.

Scheduled for appearances this afternoon are Kari L. Riggi and Joshua Miller.  Riggi is currently in jail on $75,000. She is likely to be released this afternoon. Miller is already out of jail and under the supervision of Genesee County Justice. He is likely to be released to the supervision of Federal authorities.

Tomorrow, Koree R. Stephenson and Christopher J. Elmore are expected to appear in county court to begin the process of being released to Federal supervision, but in Elmore's case, he's also been charged with passing fake $10 bills.

Today, the State's case against Bernard was passed to the lower justice court, where the State charges can be dismissed. This is likely how the cases against the other five defendants will be handled.

Judge Noonan expressed an interest in having Bernard waive his right to have his case reviewed by a Grand Jury within six months of his arrest, but Gann didn't think that is necessary.  If the Federal case is dismissed after that six month period, the DA's office won't be able to refile the State charges. After court, Gann said he is confident in the Federal case.

All five defendants arrested in connection with the suspected meth lab at 28 Clay St. in Le Roy were charged with criminal possession of a controlled substance in the second degree by the DA's office.

At the Federal level, all five where charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore faces the additional charge of possessing a firearm in furtherance of a drug-trafficking crime.

Former Le Roy fire chief gets 5 years probation, 90 days in jail for forgery

By Billie Owens

A former Le Roy Fire Department chief was sentenced this afternoon to 90 days in jail and five years probation for misappropriating public funds in 2006. He must also pay fees and fines totaling more than $2,500, plus adhere to a number of other stipulations.

Stephen C. Smith appeared in Genesee County Court wearing white sneakers, black slacks, a light gray sweater and shirt, with bandages on his right hand. He offered no comment when Judge Robert Noonan asked him if he had anything to say for himself.

Smith pled guilty in mid-October to forgery in the second degree.

He served as Le Roy's fire chief from 2004-08, and four more as an assistant chief.

"You certainly should be ashamed for what's brought you here today," Noonan told Smith, while acknowleging that part of Smith's punishment has already been self-inflicted.

"It's a blow to remove you from something you've long been associated with," Noonan said.

Genesee County Justice will supervise Smith's probation. He must provide a DNA sample and pay a $50 fee to be registered in the criminal DNA database. He can drink no alcohol and must submit to random testing. He must get a substance-abuse evaluation and write a letter of apology to those affected by his actions. He cannot associate with scofflaws and convicts.

Smith's Attorney Thomas Burns' asked that his client be allowed to pay his restitution at a rate of $50 a month, and Noonan agreed. The judge also agreed to a jail sentence of 90 days, instead of the six months sought by the Prosecutor Kevin Finnell.

Smith will serve the sentence at a rate of 48-hours weekly, from 10 a.m. Mondays until 10 a.m. Wednesdays.

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