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Tuesday, March 7, 2017

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, March 6, 2017:
Arraignment
GAVIN C. HAYNES, 17 of Machias , New York, was arraigned and entered a plea of not guilty to an indictment that charges him with two counts of Robbery in the First Degree, class C felonies; Escape in the Third Degree, a class A misdemeanor; Grand Larceny in the Fourth Degree, a class E felony; Reckless Endangerment in the First Degree, a class D felony.  The incident occurred on December 20, 2016, in the Town of Machias, when he allegedly forcibly stole property and under circumstances depraved an indifference to human life and recklessly engaged in conduct which created a grave risk of death to another person.  The matter has been adjourned for motions.
RONALD J. KUHANECK, SR., 47 of Salamanca, New York, was arraigned and entered a plea of not guilty to an indictment that charges him two counts of Criminal Sale of a Controlled Substance in the Third Degree, class B felonies; two counts of Criminal Possession of a Controlled Substance in the Third Degree, class B felonies.  The incidents occurred on September 7, 2016 and July 30, 2016 in the City of Olean, when he allegedly knowingly and unlawfully possessed and sold a narcotic drug.  The matter has been adjourned for motions.
MARY ERHART, 37 of Buffalo , New York, was arraigned and entered a plea of not guilty to an indictment that charges her with Criminal Sale of a Controlled Substance in the Third Degree, class B felony; Criminal Possession of a Controlled Substance in the Third Degree, class B felony.  The incident occurred on September 7, 2016 in the City of Olean, when she allegedly knowingly and unlawfully possessed and sold a narcotic drug.  The matter has been adjourned for motions.
LINDSAY ULLMAN, 34, of Salamanca , New York, was arraigned and entered a plea of not guilty to an indictment that charges her with two counts of Criminal Possession of a Controlled Substance in the Third Degree, class B felonies; Criminal use of Drug Paraphernalia in the Second Degree, class A misdemeanor. The incident occurred on January 6, 2017 in the City of Salamanca, when the defendant allegedly knowingly and unlawfully possessed and sold a narcotic drug and possessed scales, and balances used or designed for the purpose of weighing or measuring controlled substances. The matter has been adjourned for motions.
LATOYA RAYMOND, 32 of Jamestown , New York, was arraigned and entered a plea of not guilty to an indictment that charges her with two counts of Criminal Possession of a Controlled Substance in the Third Degree, class B felonies; Criminal use of Drug Paraphernalia in the Second Degree, class A misdemeanor.  The incident occurred on January 6, 2017 in the City of Salamanca, when the defendant allegedly knowingly and unlawfully possessed and sold a narcotic drug and possessed scales, and balances used or designed for the purpose of weighing or measuring controlled substances. The matter has been adjourned for motions.
Guilty Pleas
AKIELE MARTIN, 21, of  Olean , New York, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Fourth Degree, a class C felony to satisfy a pending indictment.  The incident occurred on May 14, 2016 in the City of Olean, when the defendant knowingly sold a controlled substance.  Sentencing is scheduled for May 22, 2017.
IRA LIDGE, 30, of Buffalo, New York, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Third Degree, class B felony.  The incident occurred on January 29, 2016, in the City of Olean, when the defendant knowingly and unlawfully sold a narcotic drug. Sentencing is scheduled for May 15, 2017.
AMY L. SCHOONAMAKER, 37, 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, class E felony.  The incident occurred on January 23, 2017, in the City of Olean, when the defendant, with intent to cause physical injury to another person, caused such injury to such person by means of a deadly weapon or dangerous instrument.  Sentencing is scheduled for May 22, 2017.

CASEY R. GILCREASE, 25, of Delevan, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Rape in the Third Degree, class E felony; Endangering the Welfare of a Child, class A misdemeanor.  The incident occurred on November 12, 2016, in the Town of Machias, when the defendant being twenty one years old or more, engaged in sexual intercourse with another person was less than seventeen years old and acted in a manner likely to be injurious to the physical , mental or moral welfare of a child less than seventeen years old.  Sentencing is scheduled for May 22, 2017.

DESMOND HULSE, 25, of Dayton, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Attempted Unlawful Manufacture Methamphetamine in the Third Degree, class E felony.  The incident occurred on January 4, 2017, in the Town of Dayton, when the defendant, knowingly attempted to possess, at the same time and location, with intent to use, knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine.  Sentencing is scheduled for May 22, 2017.

DAREN D. TINGUE, SR., 50, of Machias, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Unlawful Manufacture Methamphetamine in the Second Degree, class D felony.  The incident occurred on January 23, 2017, in the Town of Franklinville, when the defendant, knowingly  possessed, at the same time and location, with intent to use, knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine.  Sentencing is scheduled for May 22, 2017.

KERWIN W. SMITH, 36, of Salamanca, New York, entered a plea of guilty to an indictment that charges him with Driving While Intoxicated, a class D felony and Aggravated Unlicensed Operation in the Second Degree, a misdemeanor to satisfy a pending indictment.  The incident occurred on March 31, 2016, in the City of Salamanca, when the defendant operated a motor vehicle on a public highway while he was in an intoxicated condition and when he knew or had reason to know that his license or privilege of operating a motor vehicle in the State of New York was suspended or revoked.  Sentencing is scheduled for May 22, 2017.

JARON ANTHONY BALL, 21, of Salamanca, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Disseminating Indecent Material to Minors in the First Degree, a class D felony and Sexual Misconduct, a class A misdemeanor.  The incident occurred on September 18, 2016, in the Town of Great Valley, when the defendant knowing the character of the content of the communication which in whole or part, depicted actual or stimulated nudity and engaged in sexual intercourse with  another person without such person’s consent.  Sentencing is scheduled for May 22, 2017.

CYRUS SPRUCE, 20, of Little Valley, New York, entered a plea of guilty to Manslaughter in the Second Degree, a class C felony to satisfy a pending indictment.  The incident occurred in May 2016, in the Town of Red House, when the defendant recklessly caused the death of another person.  Sentencing is scheduled for May 22, 2017.
Sentences
HEATHER DEER, 33, of Franklinville, New York, was sentenced to a term of one year in the Cattaraugus County Jail and her driver’s license revoked for 1 year for her conviction to Driving While Intoxicated, class D felony and a term of 90 days to run concurrent for her conviction to Aggravated Unlicensed Operation in the Second Degree, a misdemeanor. The incident occurred on November 14, 2015 in the Town of Great Valley, when the defendant operated a motor vehicle with a BAC .15% and knowing that her privilege to operate a motor vehicle in the state of New York was suspended, revoked or otherwise withdrawn.

ROSEMARY MCKAY, 54, of Randolph, New York, was sentenced to a term of 1 year in the Cattaraugus County Jail for her conviction to Attempted Reckless Endangerment in the First Degree, a class E felony.  The incident occurred on September 24, 2015 in the Town of Randolph, when the defendant recklessly engaged in conduct which created a grave risk of death to another person; knowingly possessed a weapon; resisted arrest and acted in a matter likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old.   Further, ROSEMARY MCKAYwas sentenced to a term of 1 year in the Cattaraugus County Jail to run concurrent for her conviction to Attempted Unlawful Manufacture of Methamphetamines in the Third Degree, a class E felony.  The incident occurred on June 6, 2016, Town of Little Valley ,when the defendant was found to be in possession of lab equipment and precursors used in the manufacturing of methamphetamines.

RONNIE R. MINER, JR.,22, of Grantsville, Maryland, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 4 ½ years plus 5 years probation with the New York State Department of Corrections for his conviction to Rape in the Second Degree, a class D felony.  The incident occurred on October 7, 2016, in the Town of Perrysburg, when the defendant, being 18 years old or more, engaged in sexual intercourse with another person who was less than 15 years old. 

ANDREW ROBERT STEPHAN, 27, of Olean, New York,  was sentenced to a term of 3 ½ years plus 5 years post-release supervision with the New York State Department of Corrections for his conviction to Rape  in the Second Degree, a class D felony and a term of 1 year to run concurrent for his conviction to Endangering the Welfare of a Child, class A misdemeanor.  The incident occurred on May 1, 2016, in the Town of Olean, when the defendant being eighteen (18) years old or more, engaged in sexual intercourse with another person less than fifteen (15) years.

RACHEL SLAWIAK, 26, of Olean, New York, was sentenced as a PREDICATE FELONY OFFENDER to a term of 4 years plus 3 years with the New York State Department of Corrections and restitution for her conviction to Criminal Sale of a Controlled Substance in the Fourth Degree, a class C felony to satisfy a pending indictment.  The incident occurred on January 8, 2016, in the City of Olean, when the defendant knowingly and unlawfully sold a controlled substance. 

ROBERT J. DEPPA, 32, of Redhouse, New York,  was sentenced to a term of five years probation and restitution for his conviction to Criminal Sale of a Controlled Substance in the Fifth Degree, class D felony.  The incident occurred on January 15, 2015, in the City of Salamanca, when the defendant knowingly and unlawfully possessed and sold a narcotic drug.

STORMY D. FOSTER, 50, of Olean, New York, was sentenced to a term of five years probation for her conviction to Grand Larceny in the Fourth Degree, a class E felony.  The incident occurred on September 1, 2016, in the Town of Allegany, when the defendant stole property and the value of the property exceeds one thousand dollars ($1,000.00). 

BUDDY L. LANGDON, 35, of Olean, New York, was sentenced as a PREDICATE FELONY OFFENDER   to a term of 4 years plus 2 years with the New York State Department of Corrections for his conviction to Criminal Possession of 10,000 Unstamped Cigarettes, a class E felony and Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony.  The incidents occurred on April 5, 2016 in the City of Olean, when the defendant, who was not licensed to do so, willfully possessed or transported for the purpose of sale, 10,000 or more unstamped cigarettes and he also possessed a controlled substance with intent to sell it.

 ROBERT L. NELSON, 47, of Portville, New York,  was sentenced to a term of five years probation for his conviction to Attempted Menacing a Police Officer, class E felony to satisfy a pending indictment.  The incident occurred on May 16, 2016, in the City of Olean, when the defendant attempted to place a police officer in reasonable fear while displaying a knife; intentionally damaged property of another person; intended to cause a public annoyance and resisted arrest. 

ARTHUR J. KENDALL, 31 of Bradford, Pennsylvania, was sentenced to a term five years probation; $1,000.00 fine; drivers license revoked for 1 year; ignition interlock for 1 year and a mandatory state surcharge for his conviction to  Driving While Intoxicated, class E felony.  The incident occurred on August 15, 2016, in the City of Olean, when the defendant operated a motor vehicle in an intoxicated condition, having a .14% BAC.