Arraignments
MELISSA NESTELL, 32, of Salamanca, New York, was arraigned
and entered a plea of not guilty to an indictment that charges her with
Aggravated Driving While Intoxicated, a class E felony; two counts of Driving
While Intoxicated, class E felonies; Aggravated Unlicensed Operation of a Motor
Vehicle in the First Degree, a class E felony; Ignition Interlock Violation, a
misdemeanor; Obstructing Governmental Administration, a class A misdemeanor; No
Seatbelt, Consumption of Alcohol in a Motor Vehicle, Speed in Zone, Failure to
Signal Turn and Failure to Notify DMV of Address Change, all violations. The incident occurred on October 1, 2016, in
the City of Salamanca, when she allegedly operated a motor vehicle while she
was in an intoxicated condition, having a .18% BAC and at a time when her
license was suspended or revoked. The case
has been adjourned for motions.
MICHAEL HILL, 32, of Salamanca, New York, was arraigned and
entered a plea of not guilty to an indictment that charges him with Aggravated
Driving While Intoxicated, a class E felony; two counts of Driving While
Intoxicated, class E felonies; Unlawful Possession of Marijuana, Failure to
Keep Right and Failure to Dim Headlights, all violations. The incident occurred on July 2, 2016, in the
Town of Coldspring, when he allegedly operated a motor vehicle while he was in
an intoxicated condition, having a .20% BAC.
The case has been adjourned for motions.
RONALD J. KUHANECK, SR., 47, of Buffalo, New York, was
arraigned and entered a plea of not guilty to an indictment that charges him with
two counts of Driving While Intoxicated, class E felonies; Aggravated
Unlicensed Operation of a Motor Vehicle in the First Degree, a class E felony;
Ignition Interlock Violation and Failure to Stop, both violations. The incident occurred on July 21, 2016, in
the City of Olean, when he allegedly operated a motor vehicle while he was in
an intoxicated condition, having a .11% BAC.
The case has been adjourned for motions.
RICHARD KRAFT, 21, of Olean, New York, was arraigned and entered
a plea of not guilty to an indictment that charges him with Burglary in the
Third Degree, a class D felony and Petit Larceny, a class A misdemeanor. The incident October 26, 2016, in the Town of
Allegany, when he allegedly entered a building with the intent to commit a
crime therein and stole property. The
case has been adjourned for motions.
GEORGE KENNEDY, 27, of Gowanda, New York, was arraigned and
entered a plea of not guilty to an indictment that charges him with one count
of Criminal Possession of a Controlled Substance in the Third Degree and one
count of Criminal Sale of a Controlled Substance in the Third Degree, both
class B felonies. The incidents occurred
on July 20, 2016, in the Town of Persia, when he allegedly possessed and sold a
narcotic drug. The matter has been
adjourned for motions.
PATRICK D. POTTER, 24, of Delevan, New York, was arraigned
and entered a plea of not guilty to an indictment that charges him with Failure
to Register Address Change with the New York State Sex Offender Registry, a
class D felony. The incident occurred
between September 26, 2016 and October 14, 2016, in Cattaraugus County when the
defendant, knowing the requirements, failed to register with DCJS within ten
days after a change of address. The matter
has been adjourned for motions.
JOE R. OROZCO, 51, of Portville, 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; Aggravated Unlicensed Operation of a Motor
Vehicle in the First Degree, a class E felony; Ignition Interlock Violation, a
class A misdemeanor; Resisting Arrest, a class A misdemeanor; Refusal to Submit
to a Breath Test, a violation; and Drove Left of Pavement Markings, a
violation. The incident occurred on October
9, 2016, in the Town of Portville, when the defendant allegedly operated a
motor vehicle in an intoxicated condition, at a time his license was suspended
or revoked as a result of prior alcohol conviction and resisted arrest. The matter has been adjourned for motions.
CAROLYN WAPNIEWSKI, 54, of Freedom, New York, was arraigned
and entered a plea of not guilty to an indictment that charges her with
Burglary in the Third Degree, a class D felony; Petit Larceny, Criminal
Possession of Stolen Property in the Fifth Degree and False Written Statement,
all class A misdemeanors. The incident
occurred on September 6, 2016, in the Town of Freedom, when the defendant allegedly
entered or remained unlawfully in a building and stole property. The matter has been adjourned for motions.
Guilty Pleas
ROBERT FISHER, 59, of Lake Placid, Florida, entered a plea
of guilty to Driving While Intoxicated, a class E felony, to satisfy a pending
indictment. The incident occurred on October
18, 2016, in the Town of Coldspring, when the defendant operated a motor
vehicle while he was in an intoxicated condition, having a .17% BAC. Sentencing is scheduled for March 20, 2017.
LISA E. MURPHY, 44, of Salamanca, New York, entered a plea
of guilty to Driving While Intoxicated, a class E felony, to satisfy a pending
indictment. The incident occurred on September
14, 2016, in the City of Olean, when the defendant operated a motor vehicle in
an intoxicated condition, having .18% BAC.
Sentencing is scheduled for March 20, 2017.
ISAIAH M. MCKEEVER, 19, of Machias, New York, waived
prosecution by indictment and entered a plea of guilty by Superior Court
Information to Attempted Disseminating Indecent Material to Minors in the
Second Degree and Endangering the Welfare of a Child, both class A
misdemeanors. The incidents occurred in
the Town of Machias, when the defendant, knowing the character and content
depicts actual or simulated nudity or sexual conduct, attempted to send it
through a computer to a minor.
Sentencing is scheduled for March 20, 2017.
Sentences
GARY HEINAMAN, 78, was sentenced, as a predicate felon, to
two concurrent terms of 2-4 years in the New York State Department of
Corrections for his conviction of Burglary in the Third Degree, a class D
felony and Criminal Possession of Stolen Property in the Fourth Degree, a class
E felony. The incident occurred on November
29, 2015, in the Town of Ellicottville, when the defendant knowingly entered or
remained unlawfully in a building with intent to commit a crime therein and
stole property.
CHRISTOPHER A. BARBER, 27, of Portville, New York, was
sentenced to five years probation of his conviction of Grand Larceny in the
Third Degree, a class D felony. The
incidents occurred on November 23, 2015, in the Town of Portville when the
defendant stole property and the property was valued at more than $3,000.
LUCAS BURDIC, 23, of Delevan, New York, was sentenced to six
months in jail and ten years probation of his convictions of Rape in the Third
Degree, a class E felony and Criminal Trespass in the Second Degree, a class A
misdemeanor. The incidents occurred on April
9, 2016, in the Town of Yorkshire, when the defendant knowingly entered or
remained unlawfully in a dwelling and engaged in sexual intercourse with
another person by forcible compulsion.
JESSICA L. SILVERHEELS, 37, of Gowanda, New York, was
sentenced to five years probation for her conviction of Criminal Sale of a
Controlled Substance in the Fifth Degree, a class D felony. The incident occurred on August 7, 2014 in
the Town of Persia, when the defendant knowingly and unlawfully sold a narcotic
drug.
DENNIS G. MITCHELL, 28, of Gowanda, New York, was sentenced
to a determinate three years in the New York State Department of Corrections to
be followed by a two year period of post-release supervision for his conviction
of Criminal Sale of a Controlled Substance in the Third Degree, a class B
felony. The incident occurred on December
21, 2015, in the Town of Persia, when the defendant knowingly and unlawfully
sold a narcotic drug. He was also sentenced
to a concurrent six months for his conviction of Criminal Possession of
Methamphetamine Manufacturing Material in the Second Degree, a class A
misdemeanor. The incident occurred on September
5, 2016, in the Town of Persia, when the defendant possessed the materials to
prepare of manufacture methamphetamine.
