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Tuesday, February 7, 2017

Cattaraugus County District Attorney report - Feb.6, 2017

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, February 6, 2017:

Arraignment
HUGH SMITH, 44 of Springville, 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 D felonies; Use of Motor Vehicle without Interlock, a class A misdemeanor; Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor; AUO 1st, a class E felony; Criminal Possession of a Weapon in the Fourth Degree, a class A misdemeanor; Reckless Driving, a misdemeanor and four vehicle and traffic law violations.  The incident occurred on December 17, 2016, in the Town of Machias, when the defendant allegedly fled the police.  The matter has been adjourned for motions.

Guilty Pleas
ANTHONY S. LASKEY, JR., 60, of Yorkshire, New York, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Fifth Degree, class D felony, to satisfy a pending indictment.  The incident occurred during April, 2016, in the Town of Yorkshire, when the defendant knowingly and unlawfully sold a controlled substance.  Sentencing is scheduled for April 10, 2017.

RICHARD KRAFT, 21, of Olean, New York, entered a plea of guilty to Attempted Burglary in the Third Degree, a class E felony, to satisfy a pending indictment.  The incident occurred on  October 26, 2016, in the Town of Allegany, when the defendant knowingly attempted to enter or remain unlawfully in a building with intent to commit a crime therein.  Sentencing is scheduled for April 10, 2017.

BETHANY JOHNSON, 42, of Salamanca, New York, entered a plea of guilty to Aggravated Driving While Intoxicated, a class E felony, to satisfy a pending indictment.  The incident occurred on July 28, 2016, in the City of Salamanca, when the defendant operated a motor vehicle on a public roadway with a child passenger less than 15 years of age while she was in an intoxicated condition.  Sentencing is scheduled for April 10, 2017.

RACHEL C. DUHAN, 25, of Olean, New York, entered a plea of guilty to Attempted Assault in the Second Degree, a class E felony, to satisfy a pending indictment. The incident occurred on  July 26, 2015, in the Town of Hinsdale when the defendant knowingly attempted to cause serious physical injury to another person.  Sentencing is scheduled for April 10, 2017.

FREDERICK W. RUSSELL, II, 39, of Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Attempted Assault in the Second Degree, a class E felony.  The incident occurred between August 17th and August 29th, 2016, in the City of Olean, when the defendant, being 18 years old or more and with intent to cause physical injury to a person less than seven years old, attempted to cause such injury to such person.  Sentencing is scheduled for April 10, 2017.

Sentences
CHARLES P. REDEYE, 55, of Salamanca, New York, was sentenced to five years probation for his conviction of Attempted Robbery in the Third Degree, a class E felony and Petit Larceny, a class A misdemeanor.  The incident occurred on May 4, 2015, in the Town of Salamanca, when the defendant forcibly stole a motor vehicle.

LORI A. COLE, 55, of Olean, New York, was sentenced to two concurrent three year terms of probation for her convictions of Driving While Intoxicated, a misdemeanor and Aggravated Unlicensed Operation in the Second Degree, a misdemeanor.  The incident occurred on April 9, 2016, in the City of Olean, when the defendant operated a motor vehicle on a public highway while she was in an intoxicated condition and when she knew or had reason to know that her license or privilege of operating a motor vehicle in the State of New York was suspended or revoked as a result of an alcohol related offense. 

ROBERT A. RICHARDSON, 28, of Randolph, New York, was sentenced to five years probation for his conviction of Attempted Unlawful Manufacture of Meth in the Third Degree, a class E felony.  The incident occurred on January 22, 2016, in the Town of Randolph, when the defendant was manufacturing methamphetamine.

FALLON M. SMITH, 30, of Delevan, New York, was sentenced to a determinate term of 2 ½ years in the New York State Department of Corrections, to be followed by a two year period of post-release supervision for her conviction of Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony.  The incident occurred on June 9, 2016, in the City of Olean, when the defendant knowingly and unlawfully possessed a narcotic drug.

MICHAEL SCHOLL, 39, of Hinsdale, New York, was sentenced to a determinate term of two 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.  He was sentenced to a concurrent 90 days for his conviction of Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor.  The incidents occurred on April 11, 2016 and May 25, 2016, in the City of Olean, when the defendant knowingly and unlawfully possessed and sold a narcotic substance.

ROBERT J. FORD, 41, of Portville , New York, was sentenced to five years probation for his conviction of Criminal Possession of Stolen Property in the Fourth Degree, a class E felony.  The incident occurred on March 24, 2016, in the Town of  Portville, when the defendant knowingly possessed stolen property, with the intent to benefit himself or a person other than an owner thereof and the value of the property exceeded $1,000.00.