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genesee county court

April 10, 2018 - 4:47pm
posted by Billie Owens in crime, news, notify, pembroke, genesee county court.

Serena L. Snyder is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that she did not appear personally on Sept. 26 in Genesee County Court as ordered after having been released from custody on the condition she would do so, nor did she voluntarily appear in court within 30 days thereafter. She was to appear in court in connection with an unspecified felony charge against her.

Steven Obara is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 8 in the Town of Pembroke that Obara drove a 2007 Jeep on Route 33 while he was intoxicated. In Special Information filed by the District Attorney's Office, Obara is accused of having been convicted of driving while intoxicated, as a misdemeanor, on Feb. 1, 2011 in the Town of Elma in Erie County. That conviction was within 10 of the commission of the crime alleged in the current indictment.

February 20, 2014 - 6:27pm
posted by Alecia Kaus in batavia, genesee county court.

Ellen M. Martinez Brayley, 26, of West Main Street, Batavia, pled guilty to one count of falsifying business records first degree in Genesee County Court this afternoon.

Martinez Brayley pled guilty on an Alford plea, which means she does not admit guilt, but does admit that sufficient evidence exists to convict her of the offense.

Martinez Brayley was charged in October of 2013 after an investigation found that she had falsified business records to wrongfully obtain benefits through Pathstone Section 8 HUD and Social Security Administration.

Martinez Brayley agreed to pay restitution to Pathstone in the amount of $10,059.
She will also pay restitution to Social Security Administration in the amount of $13,086.

Martinez Brayley could face up to six months in jail when she is sentenced in Genesee County Court on April 22 at 1:30.

September 28, 2011 - 3:46pm
posted by Geoff Redick in crime, Oakfield, sex offender, genesee county court.

Anthony Nicosia Jr., of Oakfield, agreed to a plea deal in Genesee County Court today, admitting that he twice had sexual contact with a 16-year-old boy last spring in the Town of Oakfield.

The 55-year old Nicosia pleaded guilty to two felony counts of third-degree Criminal Sexual Act. Under terms of the deal, two counts of Forcible Touching and one count of Endangering the Welfare of a Child were dropped.

Nicosia has no prior felony convictions affecting this sentence. He faces up to eight years in prison on consecutive four-year sentences stemming from the charges, up to 10 years probation and must register as a sex offender.

An order of protection was logged for the 16-year-old victim. Nicosia remains imprisoned until his Nov. 23 sentencing. Bail is $15,000 cash or $30,000 bond.

UPDATE: I spoke with Judge Robert Noonan to get a definitive answer on the sex offender registration issue. Noonan says he almost always imposes fees -- like sex offender registry fees or DNA Databank fees -- at sentencing, in case the legal organizations that follow sentencing need to administer or re-administer those services.

For example, if a defendant has already contributed to the DNA Databank due to a prior conviction, that defendant will not need to go through the DNA Databank process again. The State Department of Corrections is later authorized to waive the DNA Databank fee imposed at sentencing.

So, Judge Noonan told Nicosia yesterday that he may impose the Sex Offender Registration fee at sentencing. Noonan says the fee may be required to reclassify sex offenders to a higher level. However (upon closer examination), Nicosia is a Level 3 Sex Offender, the highest level possible. Therefore, he cannot be reclassified to any higher level. So, even if the judge imposes the registration fee at sentencing, it would likely be waived later by the Department of Corrections.

September 28, 2011 - 3:25pm
posted by Geoff Redick in arson, crime, Le Roy, genesee county court.

Forty-two-year-old Paul F. Atkinson, of LeRoy, appeared in court today, noticeably limping as he entered courtroom. Atkinson entered a plea of "not guilty" to the charge of felony second-degree Arson.

Atkinson was originally arrested in June, following a destructive fire at his father's Orchard Drive home. Atkinson allegedly admitted to police at the time that he had torched the house after a late-night argument with his father. Atkinson had also written on his Facebook page that night: "Everyone can go to hell, tired of this life."

Public Defender Gary Horton today did not issue any appeal to Atkinson's high bail count. He remains in jail in lieu of $50,000 bail.

Atkinson will return to court on Nov. 14.

June 6, 2011 - 11:20pm

Patricia Hardesty appeared in Genesee County Court today, disputing her signed statements to police from the night she was accused of shooting her husband in the leg.

Today's proceedings were a Huntley Hearing, a type of hearing which determines the admissibility of statements to police at a trial.

The 52-year-old Hardesty faces three counts of felony assault. State Police allege that on the evening of Aug. 1, 2010, Hardesty walked onto the deck at her County Line Road home in Corfu armed with a .22-caliber rifle, and shot her husband, Robert, in the knee.

Robert Hardesty was seriously injured in the incident. He was transported to ECMC that evening. Patricia was taken to the State Police barracks in Batavia, where Senior Investigator Kenneth Dubrinski questioned her.

Dubrinski testified in court today that Patricia did not seem hesitant to speak with him, and that he took two statements from her. A second was taken, he says, because the first was found to be incorrect or inconsistent after he spoke with officers at the scene via telephone.

Dubrinski told Assistant District Attorney Robert Zickl that he collected Hardesty's statements by "typing them as she talked." Those two statements were entered as evidence in today's hearing.

But Patricia Hardesty says that's not at all how it happened. She says Dubrinski collected "a trash can full" of statements from her, each time printing one out, finding errors or inconsistencies, and tossing it in the garbage. She says she signed as many as five different statements, each one varying slightly from the last in detail.

What's worse, says Hardesty, is that she could not read any of the typed statements being handed to her.

"I was not given Miranda Rights," she said, alleging that the standard rights were not read to her. "(Investigator Dubrinski) said they were at the top of the page there, but I could not read them without my glasses."

She allegedly told Dubrinski as much, so he ordered the glasses brought from the scene. But Hardesty says the glasses delivered were the wrong ones, a 10-year old pair that were too weak for her to use.

"I can't see out of them at all," she said today.

She did, however, sign each statement placed before her, and initialed each printed set of Miranda Rights to confirm that she'd been advised of them.

Hardesty says bits and pieces of her first statement were correct, but altogether it was not correct. She says she told Dubrinski this – and that's when the deluge of statements began.

"He made me so upset, my insides were shaking," she says of Dubrinski. "At the end of it all, I said, 'Just put whatever you want and I'll sign it.' I was tired, I hadn't slept for 24 hours, and I hadn't eaten. There were so many statements, I got confused. I started crying."

Hardesty also accused Dubrinski of improperly recording her statement by trying to make it match other statements from the scene, such as the one from her husband. She says each new draft of the statement included details that more closely matched others' statements – details that she had not necessarily consented to or mentioned.

Hardesty admitted that she'd consumed three or four beers between 3 and 7 p.m. on the evening the incident occurred. She also drank another one after the incident, as she waited for an ambulance to arrive for her husband.

"I was on the deck, and saw that my husband had left a beer there, and I downed it," she said.

Of the original police report, which stated that she and her husband had been fighting all weekend prior to the incident, Hardesty said that was false. She says her husband had not abused her, neither physically nor verbally, and they had not fought.

Judge Robert Noonan did not make a decision in today's hearing. He has taken it under advisement. Defense attorney Mehmet Okay requested a printed transcript of today's proceedings.

The case will resume later this month, 10 days after Okay receives that transcript.

September 24, 2010 - 9:45pm
posted by Timothy Walton in batavia, dwi, genesee county court, Ronald J. Wendt II.

The case against Ronald J. Wendt II continued today in Genesee County Court with testimony from Deputy Tim Westcott and then Sgt. Brian Frieday.

Deputy Westcott was asked questions by the District Attorney Lawrence Friedman regarding the condition of Wendt at the time of the arrest. When asked if Wendt showed any indications of injury at the time of the accident, he replied with "no."

Wescott stated he was not aware of Wendt's purported forearm injury until after the arrest. When asked about whether he was aware of a pre-existing knee injury, saw any signs of allergies or knew of any allergies that Wendt had, Deputy Westcott responded with "no."

Friedman then asked Deputy Westcott if he had any doubts in his mind about the accuracy of the details in the arrest report and again the response was "no."

It was stated in the report that the last drink that Wendt consumed was at 10:50 p.m. and the accident occured at 11:08 p.m.

Westcott added testimony that when he asked Wendt, after he was under arrest, to submit to a chemical test, Wendt replied with "I don't know" and later consented after he was informed of the consequences if he did not.

Deputy Westcott also testified that, in his opinion, the flashing lights from the emergency vehicles would not have had any effect on Wendt's eyes while performing field sobriety tests, since the officer was facing the lights, not Wendt.

Frieday was called to the stand next. He supervises the midnight shift for the Genesee County Sheriff's Department and is the department's breath analyst advisor. He maintains the records of DataMaster breath tests, including the one given to Wendt the night of the accident.

Frieday testified that the DataMaster is sent to Albany once a year to be re-calibrated and tested to maintain its accuracy. Plus, every six months tests are performed on the machine over a phone line. He added that the supervisor also gives weekly simulated tests.

Assistant District Attorney Kevin Finnell then asked him how a BAC is reported on the DataMaster. Frieday said it is recorded in the machine up to three decimal places, but is only displayed on the machine in two. Thus, if a BAC was recorded in the DataMaster at 0.099 it would only be seen on the display and recorded as a 0.09 BAC.

Finnell then provided Frieday with documentation showing that the machine was calibrated accurately and Frieday testified that it was and that the DataMaster also operated properly the night of the crash.

During cross-examination, Defense Attorney Thomas Burns questioned Frieday about the accuracy of the results. Frieday stated that the DataMaster takes breath samples and uses mathematic equations to calculate the BAC, since actual blood samples are not tested.

Burns argued that the equation, which is based on the average person, is not the same for each person, therefore it could not be 100-percent accurate. Frieday subsequently testified that the fixed ratio is higher than the average person, therefore the BAC reading would actually tend to show lower than it really was.

Frieday said that the time that it takes to absorb alcohol into the blood stream depends on different variables including the amount of food in a person's stomach and how much they have eaten.

He testified that after 15 minutes it "would not be absorbed into the blood stream fully."

When asked by Burns if it could take upwards of two to three hours to fully absorb alcohol in the body, Frieday stated that it was possible and would be on the upward side of the absorption.

When asked if it could still be absorbing into the blood stream even after four hours, Frieday responded by saying "I have heard that number, I recall that number, yes."

The judge then dismissed the case until 2 p.m.

September 23, 2010 - 5:36pm
posted by Timothy Walton in dwi, genesee county court, Ronald J. Wendt.

Defense Attorney Thomas Burns called Dr. Fran Gengo to testify this morning in the DWI case of Ronald Wendt. The expert witness answered basic questions from both Burns and Assistant District Attorney Kevin Finnell about his background, education and medical experience.

Gengo is a clinical pharmacologist at the DENT Neurological Institute and currently serves as an associate professor of Pharmacy and Neurology and a clinical assistant professor of Neurosurgery at the SUNYAB School of Medicine. He now practices neuropharmacology research and pharmacotherapy.

During his initial testimony, Burns asked Gengo to relay to his expertise concerning alcohol in the body, as well as his knowledge of the breathylizer he was experienced in using.

Gengo testified to analyzing breathylizer results and making use of the data for many years. He also informed the court that he took what he believed to be was the same training that police officers take to become certified in giving a breathlyizer test.

Since Gengo is not a government or law enforcement official, he could not take the exact training that police officers do. However, he did say that the training was administered by a former police officer and the curriculum and manuals were the same.

A debate between the prosecution and the defense arose when Burns questioned Gengo about his knowledge of a variance in the results of the DataMaster test, which gauges blood-alcohol level or BAC.

Gengo said he had no designated training specifically in the DataMaster, but based on his reasearch and scientific knowledge, he maintained that scientists generally accept a variance in the DataMaster, and that the mechanism is not 100-percent accurate.

Finnell argued that this testimony should not be used because Gengo has not had any training in that specific device. But Judge Robert Noonan allowed the testimony, saying  the witness was more than capable of having that knowledge based on his scientific background and general understanding of science.

NOTE: Juror #1 was excused due to illness and it was determined that he/she would not be available within the next few days. Substitute Juror #1 replaced Juror #1.

March 10, 2009 - 5:44pm
posted by Brian Hillabush in crime, pembroke, corfu, murder, scott doll, genesee county court.

 Scott Doll was arraigned in Genesee County Court Tuesday and entered a plea of not guilty.

Doll is the Corfu man that is charged with the murder of his friend and business parter, Joseph Benequist, on Feb. 16. 

Doll's attorneys asked judge Robert Noonan to allow him to post bail because he is a custodial parent to his 17-year old daughter, has a clean record and can afford the bail. 

"He's going to make every court appearance," Attorney Paul Cambria says in Daily News reporter Paul Mrozek's story. Doll, if released pending trial, will wear an ankle bracelet that can track his whereabouts with a global positioning system, his attorney said.

Doll is facing life in prison if convicted of the killing and Noonan has scheduled a bail application hearing for Wednesday, March 18.

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