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Thursday, October 26, 2017

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, October 23, 2017:
Arraignments
BRIAN ACOSTA, 30, of Salamanca, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with two counts of Criminal Possession of a Controlled Substance in the Third Degree, a class B felony; and two counts of Criminal Sale of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on o August 18, 2017, in the City of Salamanca when he allegedly knowingly and unlawfully possessed a narcotic drug with the intent to sell it. The matter has been adjourned for motions.
PAUL R. BARAN, 34, of Salamanca, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Criminal Possession of a Controlled Substance in the Third Degree, a class B felony; and Endangering the Welfare of a Child, a class A misdemeanor. The incident occurred on May 19, 2017, in the City of Salamanca, when Baran allegedly knowingly and unlawfully possessed a narcotic drug with the intent to sell it.  The matter has been adjourned for motions.
AMANDA M. BARAN, 35, of Salamanca, New York, was arraigned and entered a plea of not guilty to an indictment that charges her with Criminal Possession of a Controlled Substance in the Third Degree, a class B felony; and Endangering the Welfare of a Child, a class A misdemeanor. The incident occurred on May 19, 2017, in the City of Salamanca, she allegedly knowingly and unlawfully possessed a narcotic drug with the intent to sell it.  The matter has been adjourned for motions.
BRYCE A. DEWITT, 29, of Allegany, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with two counts of Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony; and Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony. The incidents occurred on November 17, 2016 and December 12, 2016, in the Town of Franklinville, when the defendant allegedly knowingly and unlawfully possessed a controlled substance with the intent to sell it. The defendant also allegedly knowingly and unlawfully possessed a controlled substance. The matter has been adjourned for motions.
DAKOTA J. KALTENBACH, 30, of Steamburg, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with two counts of Criminal Possession of a Controlled Substance in the Third Degree, a class B felony; and two counts of Criminal Sale of a Controlled Substance in the Third Degree, a class B felony. The matter has been adjourned for motions.

TASHEEN J. ROBINSON, 39, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Criminal Possession of a Weapon in the Third Degree, a class D felony, and Unlawful Possession of Marijuana, a class A misdemeanor. The incident occurred on August 3, 2017, in the Town of Hinsdale, when the defendant allegedly possessed an electronic stun gun. The defendant also allegedly knowingly and unlawfully possessed marijuana. The matter has been adjourned for motions.  

JESSE J. TINGUE, 27, of Machias, New York, was arraigned and entered a plea of not guilty to two counts of Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony; Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony; and Criminal Sale of a Controlled Substance in the Fourth Degree, a class C felony.  The incident occurred on January 12, 2017, in the Town of Franklinville, when he allegedly knowingly and unlawfully possessed a controlled substance with the intent to sell it.. The matter has been adjourned for motions.
CAMERON YOUNGS, 27 of Ashford, New York, was arraigned and entered a plea of not guilty to Rape in the First Degree, a class B felony; Rape in the Third Degree, a class E felony; and Sexual Abuse in the First Degree, a class D felony. The incident occurred on September 16, 2015, in the Town of Ashford, when he allegedly engaged in sexual intercourse with another person by forcible compulsion. The matter has been adjourned for motions.
Guilty Pleas
TREMAIN GILBERT, 27, of Delevan, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Criminal Contempt in the Second Degree, a class A misdemeanor and Aggravated Harassment in the Second Degree, a violation. The incident occurred on September 2, 2017 in the Town of Yorkshire, when the defendant engaged in disorderly, contemptuous, or insolent behavior, committed during the sitting of a court in its immediate view and presence and directly tending to interrupt its proceedings or impair the respect due to its authority. Sentencing is scheduled for January 2, 2018.
ELLIOT I. JAMES, 45, of Olean,  New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Criminal Possession of a Controlled Substance in the Fourth Degree, a class C felony. The incident occurred on August 9, 2017 in the City of Olean when he knowingly and unlawfully possessed one or more preparations, compounds, mixtures, or substances containing a narcotic drug and said preparations, compounds, mixtures, or substances are of an aggregate weight of one-eighth ounce or more. Sentencing is scheduled for January 2, 2018.                                                                                                                                                                                                                                                     
Sentence
NICHOLAS R. COOPER. 22 of Salamanca, New York, was sentenced to a term of one (1) year of interim probation for his conviction of Driving While Intoxicated, a class E felony.  The incident occurred on November 22, 2016, in the City of Salamanca.Further, NICHOLAS R. COOPER, was sentenced to one (1) year of interim probation for his conviction of Driving While Intoxicated, a class E felony, and Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, an unclassified misdemeanor. The incident occurred on April 4, 2017, in the City of Salamanca, when the defendant operated a motor vehicle while he was in an intoxicated condition. The defendant also operated a motor vehicle on a public highway while knowing or having reason to know that such person’s license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked, or otherwise withdrawn by the commissioner.
KEVIN C. RYAN, 23, of Steamburg, New York, was sentenced to six (6) months in the Cattaraugus County Jail and a term of five (5) years probation for his conviction of Grand Larceny in the Fourth Degree, a class E felony; and Attempted Criminal Possession of a Forged Instrument in the Second Degree, a class E felony.  The incident occurred on November 20, 2016, in the City of Olean, when the defendant stole property consisting of a motor vehicle valued at over one thousand dollars. 
PETER SICLARI, 51, of Yorkshire, New York, was sentenced to a term of five (5) years probation for his conviction of Driving While Intoxicated, a class E felony; and Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, a class A misdemeanor.  The incident occurred on March 29, 2016, in the Town of Yorkshire, when the defendant operated a motor vehicle while he was in an intoxicated condition, at time his license was suspended or revoked.
ROBERT C. SIMMONS, 38, of Olean, New York, was sentenced to a year in the Cattaraugus County Jail for his conviction of Driving While Intoxicated, a class E felony.  The incident occurred on February 16, 2017, in the City of Olean, when the defendant operated a motor vehicle on a public highway while he was in an intoxicated condition. Further, ROBERT C. SIMMONS was sentenced to a term of one (1) year in the Cattaraugus County Jail for his conviction of Attempted Forgery in the Second Degree, a class E felony. The incident occurred on June 29, 2017, in the City of Olean, when the defendant with the intent to defraud, deceive, or injure another, he falsely, makes, or completes or alters a written instrument which is or he purports to be, or which is calculated to become or to represent if completed.