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Tuesday, June 27, 2017

Cattaraugus County District Attorney report - June 26, 2017

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, June 26, 2017:

Arraignments

MINA M. PETERS, 34, of Cuba, New York, was arraigned and entered a plea of not guilty to an indictment that charges her with Welfare Fraud in the Third Degree, a class D felony; Grand Larceny in the Third Degree, a class D Felony; and three counts of Offering a False Instrument for Filing in the First Degree, a class E felony. The incident occurred between August 2009 and January 2012, in the City of Olean, when the defendant allegedly committed a fraudulent welfare act and thereby took or obtained public assistance benefits, and the value of those benefits exceeded three thousand dollars.  The matter has been adjourned for motions.

JOSHUA R. MONETTE, 18, of Farmersville Station, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with two counts of Promoting a Sexual Performance by a Child, a class D felony; two counts of Possessing a Sexual Performance by a Child, a class D felony; Disseminating Indecent Material to Minors in the First Degree, a class D felony; Endangering the Welfare of a Child, a class A misdemeanor; Grand Larceny in the Third Degree, a class D felony; seven counts of Grand Larceny in the Fourth Degree, a class E felony; Criminal Possession of a Weapon in the Second Degree, a class C Felony; two counts of Criminal Possession of a Firearm, a class E felony; and Unlawful Imprisonment in the First Degree, a class E Felony. The incidents occurred between March 2007 and May, 23, 2017, in the Town of Farmersville, when the defendant knowing the character and content thereof, allegedly produced, directed, or promoted any performance which includes sexual conduct by a child less than seventeen years of age. The matter has been adjourned for motions.

NATHAN NEPHEW, 38, of Versailles, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Driving While Intoxicated, a class E felony; Unlicensed Operator, a violation; Unlawful Possession of Marijuana, a violation; Consumption of Alcohol in a Motor Vehicle, a violation; Speed in Zone, a violation; and No Seat Belt, a violation. The incident occurred on February 6, 2017, in the Town of Perrysburg, when the defendant allegedly operated a motor vehicle on a public highway while he was in an intoxicated condition. The matter has been adjourned for motions.

PATRICK M. HIRLIMAN, 27, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Robbery in the Third Degree, a class D felony; and Grand Larceny in the Fourth Degree, a class E felony. The incident occurred on October 15, 2016, in the City of Olean, when the defendant allegedly forcibly stole property. The matter has been adjourned for motions.

Guilty Pleas

MARNITA GAYTON, 32, of Olean, New York, entered a plea of guilty to Criminal Possession of a Controlled Substance in the Fourth Degree, a class C felony. The incidents occurred on February 14, 2017 and February 24, 2017, in the City of Olean, when the defendant knowingly and unlawfully possessed and sold a narcotic drug. Sentencing is scheduled for September 18, 2017.

ADRIANA WISISOREK, 17, of Dayton, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Criminal Possession of Methamphetamine Manufacturing Materials in the Second Degree, a class A Misdemeanor.  The incident occurred on January 4, 2017, in the Town of Dayton, when the defendant possessed a precursor, a chemical reagent or a solvent with the intent to use or knowing another intended to use such a precursor, chemical reagent, or solvent to unlawfully produce, prepare or manufacture methamphetamine.  Sentencing is scheduled for September 18, 2017

Sentence
JOHN ACKERMAN, 52, of Olean, New York, was sentenced to 5 years of probation for his conviction of Attempted Strangulation in the Second Degree, a class D felony.  The incident occurred on or about December 8, 2016, in the City of Olean, when the defendant, attempted to apply pressure on the throat or neck of such person causing stupor or loss of consciousness for a period of time. 

THOMAS P. KISSINGER, 22, of Olean, New York, was sentenced to 3 years probation for his conviction of Arson in the Fifth Degree, a misdemeanor, and Criminal Mischief in the Fourth Degree, a class A misdemeanor.  The incident occurred on March 2, 2017, in the City of Olean, when the defendant intentionally damaged property of another without consent of the owner by intentionally starting a fire or causing an explosion. 

CHELSEA LYONS, 27, of Olean, New York, was sentenced to a term of 1 to 3 years with the New York Department of Corrections; a term of 1 year in the Cattaraugus County Jail plus one year of probation; and one year in the Cattaraugus County Jail, all terms to run concurrently,  for her conviction of Criminally Negligent Homicide, an E felony; Criminal Sale of a Controlled Substance in the Third Degree, class B felony, and Criminal Sale of a Controlled Substance in the Seventh Degree, a misdemeanor, to satisfy three pending indictments.  The incidents occurred between August 13, 2015 and February 25, 2016 , in the City of Olean, when the defendant knowingly and unlawfully sold a narcotic drug, under circumstances evincing a depraved indifference to human life, recklessly engaged in conduct which created a grave risk of death to another person, causing the death of another person. 

AKIELE MARTIN, 22, of  Olean , New York, was sentenced to 5 years of probation for his conviction of Criminal Sale of a Controlled Substance in the Fourth Degree, class C felony.  The incident occurred on or about May 14, 2016 in the City of Olean, when the defendant knowingly sold a controlled substance.

SAMUEL L. MCKENNEY, 35, of Olean, New York, was sentenced to a term of 3 years with the New York Department of Corrections for his conviction of Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class B felony and Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor to satisfy two pending indictments.  The incidents occurred on January 22, 2016 and July 15, 2016, in the City of Olean, when the defendant knowingly and unlawfully possessed and attempted to sell a controlled substance.

DARRIN D. SHERIDAN, 25, of Hartford, Connecticut, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 6 months in the Cattaraugus County Jail for his conviction to Attempted Criminal Possession of a Forged Instrument in the Second Degree, a class E felony.  The incident occurred on February 15, 2017, in the Town of Randolph, when the defendant with knowledge that it was forged, and with the intent to defraud, deceive or injure another, knowingly attempted to possess a forged credit card.

DARRON SHERIDAN, 23, of Hartford, Connecticut, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 8 months in the Cattaraugus County Jail for his conviction to two counts of Criminal Possession of a Forged Instrument in the Second Degree, a class D felony, and Criminal Impersonation in the Second Degree, a class A misdemeanor.  The incident occurred on February 15, 2017, in the Town of Randolph, when the defendant with knowledge that it was forged, and with the intent to defraud, deceive or injure another, knowingly possessed a forged credit card, and impersonated another in such assumed character with intent to obtain a benefit or defraud another. 

DENNIS P. STRADER, 45, of Machias, New York, was sentenced to 3 years of probation for his conviction of Criminal Mischief in the Fourth Degree, a class A misdemeanor.  The incident occurred on February 2, 2017, in the Town of Machias, when the defendant intentionally damaged the property of another person. 

ROBERT WASHINGTON, 38, of Olean, New York, was sentenced a term of six months in the Cattaraugus County Jail and 10 years of sex offender probation and surrender agreement of his teaching License,  for his conviction of a Criminal Sex Act, Third Degree, a class E felony.  The incident occurred between March 21, 2016 and June 16, 2016, in the City of Olean, when the defendant engaged in oral sexual conduct with another person without such person’s consent where such lack of consent is be reason of some factor other then incapacity to consent.