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Wednesday, March 15, 2017

Cattaraugus County District Attorney/Court Report for March 13, 2017

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, March 13, 2017:
Arraignment
FRANCIS O’DONNELL, 62 of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was arraigned and entered a plea of not guilty to an indictment that charges him with Kidnapping in the Second Degree, a class B felony; 2 counts of Coercion in the First Degree, class D felonies; 4 counts of Rape in the First Degree, class B felonies and 4 counts of Criminal Sexual Act in the First Degree, class B felonies.  The incident occurred between January 13, 2017 and February 13, 2017, in the City of Olean, when O’Donnell allegedly abducted and coerced another person, engaged in sexual intercourse with another person by forcible compulsion and engaged in oral sexual conduct with another person by forcible compulsion.  The matter has been adjourned for motions.
Guilty Pleas
JARED P. BLACK. 37 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 August 13, 2016, in the City of Salamanca, when the defendant operated a motor vehicle on a public roadway when he had a BAC of .20%.  Sentencing is scheduled for May 30, 2017.
DEREK A. STOCK, 36, of Holland, New York, entered a plea of  guilty to Driving While Ability Impaired by Drugs, a class E felony and  Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, an unclassified misdemeanor to satisfy a pending indictment.  The incident occurred on May 2, 2016, in the Town of Yorkshire, when he operated a motor vehicle while his ability to do so was impaired by drugs and operated a motor vehicle on a public highway when he knew or had reason to know that his license or privilege of operating a motor vehicle in the State of New York was revoked as a result of a prior alcohol-related conviction.   Sentencing is scheduled for July 17, 2017.

KATHLEEN HUDOCK, 52, 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.  The incident occurred between June 17 and July 24, 2015, in the City of Olean, when the defendant knowingly sold a controlled substance.  Sentencing is scheduled for May 30, 2017.

MARY P. ERHART, 37, NPA, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on September 17, 2016, in the City of Olean, when the defendant knowingly and unlawfully sold a controlled substance.  Sentencing is scheduled for July 17, 2017.

SAMUEL L. MCKENNEY, 35, of Olean, New York, entered a plea of  guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class B felony and Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor to satisfy two pending indictments.  The incidents occurred on January 22, 2016 and July 15, 2016, in the City of Olean, when the defendant knowingly and unlawfully possessed and attempted to sell a controlled substance.  Sentencing is scheduled for May 30, 2017.

DAVID T. KOCH, 29, of Allegany, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Grand Larceny in the Fourth Degree, a class E felony.  The incident occurred on June 16, 2016, in the City of Olean, when the defendant stole a credit or debit card.  Sentencing is scheduled for April 16, 2018.

DAVID FYE, 55, 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 and Aggravated Unlicensed Operation in the Second Degree, an unclassified misdemeanor.  The incident occurred on January 7, 2017, in the City of Olean, when the defendant operated a motor vehicle in an intoxicated condition, having a .12 % BAC. and operated a motor vehicle on a public highway 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 revoked as a result of a prior alcohol-related conviction.  Sentencing is scheduled for April 16, 2018.

RYAN P. WILLIS, 33, of Portville, New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of guilty to Attempted Unlawful Manufacture of Methamphetamine in the Third Degree, a class E felony to satisfy a pending indictment.  The incident occurred on July 29, 2016, in the Town of Portville, when the defendant knowingly and unlawfully attempted to possess materials to produce, prepare or manufacture methamphetamine.  Sentencing is scheduled for May 30, 2017.

Sentences
JOSHUA DURPHY, 34,of Lewis Run, Pennsylvania, was sentenced to 5 years of probation for his conviction to Grand Larceny in the Third Degree, a class D felony. The incident occurred on  December 15, 2015 in the City of Olean, when the defendant stole property and the value of the property exceeds $3,000.00.

AARON DIERS, 42, of Gowanda, New York, but currently incarcerated in the Cattaraugus County Jail, was sentenced to a determinate term of 1 ½ years with the New York State Department of Corrections for each of his convictions to two counts of Attempted Unlawful Manufacture of Methamphetamines in the Third Degree, class E felonies, Superior Court Information No 16-243 and Superior Court Information  No 16-274, to run concurrent.  The incidents occurred on April 9, 2016,  in the Town of Persia and on December 3, 2016, in the City of Salamanca when the defendant was found to be in possession of lab equipment and precursors used in the manufacturing of methamphetamines.