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Tuesday, March 28, 2017

Cattaraugus County District Attorney Report: March 27, 2017

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

Arraignment
NICHOLAS COOPER, 22, of Salamanca, 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; Interlock Ignition Violation, a misdemeanor; Speed Violation, a violation and Refusal of Breath Test, a violation.  The incident occurred on November 22, 2016, in the City of Salamanca, when he allegedly operated a motor vehicle without an interlock device at a time when he was required to have one on a public highway while he was in an intoxicated condition knowing that his license was revoked as a result of a prior alcohol-related conviction, operated a motor vehicle at a maximum speed other than the established speed limit and refused to submit a breath test at the request of a police officer.  The matter has been adjourned for motions.

FRANKLIN J. CHASE, 31, of Olean, New York, but presently incarcerated with the New York State Department of Corrections, 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; Grand Larceny in the Fourth Degree, a class E felony and Criminal Mischief in the Fourth Degree, a class A misdemeanor.  The incident occurred in June 2014 in the Town of Olean, when Chase allegedly entered in a building with intent to commit a crime therein, stole property that was valued over one thousand dollars and intentionally damaged the property of another person.  The matter has been adjourned for motions.

Guilty Pleas

MICHAEL E. FRAYLON, JR., 25, of Hartford, Connecticut, but presently incarcerated in the Cattaraugus County Jail, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to two counts of Criminal Possession of a Forged Instrument in the Second Degree, class D felonies and Criminal Impersonation in the Second Degree, a class A misdemeanor.  The incident occurred on February 15, 2017, in the Town of Randolph. Sentencing is scheduled for June 12, 2017.

ANGELINE BARNISH, 31, of Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Driving While Intoxicated, a class E felony.  The incident occurred on September 30, 2016, in the City of Olean, when the defendant operated a motor vehicle on a public highway while in an intoxicated condition.  Sentencing is scheduled for May 14, 2018.

JAY D. STAFFORD, 26, of Salamanca, New York, entered a plea of guilty to Driving While Intoxicated, a class D felony and Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, a misdemeanor to satisfy a pending indictment.  The incident occurred on July 4, 2016, in the Town of New Albion, when the defendant operated a motor vehicle in an intoxicated condition, with a .13% BAC 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 June 12, 2017.

LOREN G. WARNER, 27, no permanent address but presently incarcerated in the Cattaraugus County Jail, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Rape in the Second Degree, a class D felony and Endangering the Welfare of a Child, a class A misdemeanor.  The incident occurred on January 20, 2017, in the Town of Farmersville, when the defendant engaged in sexual intercourse with another person less than fifteen years old and knowingly 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 June 12, 2017.

Sentences
KEITH FUNDERBURK, 29, of Olean, New York,  but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 1 year with the Cattaraugus County Jail for his conviction to Attempted Criminal Sale of a Controlled Substance in the Third Degree, class C felony.  The incident occurred on January 6, 2016, in the City of Olean, when the defendant knowingly and unlawfully attempted to sell a narcotic drug. 

CURTIS A. FORD, 26, of Allegany, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 2 years with the New York State Department of Corrections and 2 years of post release supervision for his conviction to Criminal Sale of a Controlled Substance in the Fourth Degree, a class C felony.  The incident occurred on May 31, 2016, in the City of Olean, when the defendant knowingly and unlawfully sold a narcotic drug. 

LEAH THOMAS, 31, of Great Valley, New York, was sentenced to 5 years of probation for her conviction to Attempted Criminal Sale of a Controlled Substance in the Fourth Degree, a class D felony.  The incident occurred on January 15, 2015, in the Town of Great Valley, when the defendant knowingly and unlawfully attempted to possess and sell a narcotic drug. 

DANEE ELLIS, 24, of Olean, New York, but currently incarcerated in the Cattaraugus County Jail, was sentenced to 1 year in the Cattaraugus County Jail for her conviction to Criminal Sale of a Controlled Substance in the Fourth Degree, a class C felony.  The incident occurred on June 7, 2016, in the City of Olean, when the defendant knowingly and unlawfully sold a narcotic drug.  Furthermore, DANEE ELLIS was sentenced to 1 year in the Cattaraugus County Jail for her conviction to Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor.  The incident occurred between April 27 and April 28, 2017, in the City of Olean, when the defendant knowingly and unlawfully possessed a narcotic drug.  Both sentences are to run concurrent.