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Tuesday, February 28, 2017

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, February 27, 2017:

Arraignment
DONEL CATHCART, 32, of Buffalo , New York, was arraigned and entered a plea of not guilty to an indictment that charges him with 2 counts of Criminal Possession of a Controlled Substance in the Third Degree, class B felonies and Criminal Use of Drug Paraphernalia in the Second Degree, a class A misdemeanor.  The incident occurred on January 6, 2017, in the City of Salamanca, when the defendant allegedly knowingly and unlawfully possessed a narcotic drug with intent to sell it and possessed scales designed to measure controlled substances with intent to use, for the purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug.  The matter has been adjourned for motions.

Guilty Pleas
ERIN BELL, 35, of Olean, New York, entered a plea of guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, class C felony to satisfy a pending indictment.  The crime occurred on June 28, 2016, in the City of Olean, when the defendant knowingly and unlawfully attempted to possess and sell a controlled substance.  Sentencing is scheduled for March 12, 2018.

MICHAEL J. SMITH, 43, of Gowanda, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Attempted Criminal Possession of a Controlled Substance in the Fifth Degree, a class E felony.  The incident occurred on November 2, 2015, in the Town of Persia, when the defendant knowingly and unlawfully attempted to possess a controlled substance. Sentencing is scheduled for March 12, 2018.

LAURIE CORNELIUS, 47, of Wellsville, New York, entered a plea of guilty to Attempted Criminal Sale of a Controlled Substance in the Fourth Degree, class D felony to satisfy a pending indictment.  The crime occurred between January 15, 2016 and January 22, 2016, in the City of Olean, when the defendant knowingly and unlawfully attempted to possess and sell a controlled substance.  Sentencing is scheduled for May 15, 2017.

KELLY M. CRAWFORD, 36, of Olean, New York, entered a plea of guilty to Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor to satisfy a pending indictment and was sentenced to 2 years of probation.  The incident occurred October 8, 2014, in the City of Olean, when the defendant knowingly and unlawfully possessed and sold cocaine. 

Sentences
NICHOLAS S. COSSAIRT, 28, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced as a NON VIOLENT PREDICATE FELONY OFFENDER  to a determinate term of 5 years with the New York State Department of Corrections and 5 years of post release supervision for his conviction to Burglary in the Second Degree, a class C felony. The crime occurred on July 17, 2016, in the City of Olean, when the defendant knowingly entered or remained unlawfully in a dwelling with intent to commit a crime therein.

BRYANT GALMER, 29, Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a determinate term of 2 years with the New York State Department of Corrections and 2 years post release supervision for his conviction  to Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony.  The incident occurred on January 16, 2016 in the City of Olean, when the defendant knowingly and unlawfully sold a narcotic drug.

DONALD APPLEWHITE, 25, of Olean, New York, was sentenced to 5 years of probation for his conviction to Criminal Sale of a Controlled Substance in the Fourth Degree, a class D felony.  The incident occurred on June 24, 2016, in the City of Olean, when the defendant knowingly and unlawfully sold a narcotic preparation. 

CHRISTOPHER R. ROWAND, 37 of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a determinate term of 2 ½ years with the New York State Department of Corrections and 2 years of post release supervision for his conviction to Attempted Criminal Possession of a Controlled Substance in the Third Degree, a class C felony and 15 days in the Cattaraugus County Jail for his conviction to Driving While Ability Impaired, a violation.  The incident occurred on January 28, 2016, in the City of Olean, when the defendant operated a motor vehicle while he was under the influence of alcohol and knowingly and unlawfully attempted to possess a narcotic drug with the intent to sell it. 

REGINALD IRION, 57, of Gowanda, New York, was sentenced to 5 years of probation for his conviction to Criminal Sale of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on November 11, 2015, in the Town of Persia, when the defendant knowingly and unlawfully sold a narcotic drug. 

THOMAS J. ARCHER, 21, of Delevan, New York, was sentenced to an indeterminate term of 1 to 3 years with the New York State Department of Corrections for his conviction to Burglary in the Third Degree, class D felony and Unlawful Growing Cannabis, a class A misdemeanor.  The incident occurred on June 13, 2016, in the Town of Machias, when the defendant knowingly entered or remained unlawfully in a building with the intent to commit a crime therein and unlawfully grew marijuana.

LANCE E. EK, 45, of Olean, New York, was sentenced to a indeterminate term of 1 ½ to 3 years with the New York State Department of Corrections for his conviction to Attempted Assault in the Second Degree, a class E felony, for an incident that occurred on July 28, 2015, in the City of Olean, when the defendant attempted to cause serious physical injury to another person.  He was sentenced to a determinate term of 1 year in the Cattaraugus County Jail for his conviction to Criminal Possession of Stolen Property in the Fifth Degree, a class A misdemeanor, for an incident that occurred on or about January 19, 2016, in the City of Olean, when the defendant possessed stolen property.  Finally, the defendant was sentenced to a determinate term of 5 years with the New York State Department of Corrections for his conviction to Burglary in the Second Degree, a class C felony, for an incident that occurred on or about April 7, 2016, in the City of Olean, when the defendant knowingly entered or remained unlawfully in a dwelling with intent to commit a crime therein.  All terms are to run consecutively.