Pages

Tuesday, July 18, 2017

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, July 17, 2017:
Arraignments
BRIAN D. JOHNSTON, 39, of Allegany, New York, was arraigned and entered a plea of not  guilty to an indictment that charges him with Criminal Possession of a Controlled Substance in the Fifth Degree and Criminal Sale of a Controlled Substance in the Fourth Degree.  The incident occurred on October 27, 2017, in the City of Olean when the defendant allegedly possessed and sold a narcotic preparation.  The matter has been adjourned for motions.

JOHN T. SIEBERT, 44, of Olean, 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; Failure to Keep Right, a violation and Move From Lane Unsafely, a violation. The incident occurred on April 9, 2017, in the City of Olean, when he allegedly operated a motor vehicle while he was in an intoxicated state.  The matter has been adjourned for motions.

CHARITY MARKS, 43, of Lewis Run, Pennsylvania, was arraigned and entered a plea of not guilty to an indictment that charges her with Welfare Fraud in the Third Degree, a class D felony; Grand Larceny in the Third Degree, a class D felony and Offering a False Instrument for Filing in the First Degree, a class E felony. The incident occurred between October 1, 2015 and September 10, 2016, in the City of Olean, when the defendant allegedly committed a fraudulent welfare act exceeding $3,000.00 and used a false statement to obtain public benefits.  The matter has been adjourned for motions.

JASON CLEMONS, 45, of Olean, 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 and License Restriction Violation, an infraction. The incident occurred on March 26, 2017, in the City of Olean when he allegedly operated a motor vehicle on a public highway while he was in an intoxicated condition and operated a motor vehicle in violation of any restriction contained on , or applicable to, his permit or license. The matter has been adjourned for motions.

MARY L. BUTLER, 59, of Gerry, New York, was arraigned and entered a plea of not guilty to an indictment that charges her with Criminal Mischief in the Second Degree, a class D felony and Criminal Trespass, a class A misdemeanor. The incident occurred on February 20, 2017, in the Town of Coldspring, when she allegedly damaged property of another person exceeding $1,500.00 knowingly and entered or remained unlawfully in a dwelling. The matter has been adjourned for motions.

DALE SUTTON, 43, of Corning, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Criminal Possession of a Controlled Substance in the Second Degree,a  class A-II felony;  Unlawful Manuafacture of Methamphetamine in the Third Degree, a class D felony and Criminal Possession of Methamphetamine Manufacturing Materials in the Second Degree, a class A misdemeanor.  The incident occurred on March 31, 2017, in the Town of Allegany, when the defendant allegedly knowingly and unlawfully possessed and intended to use methamphetamine and possessed a precursor, a chemical reagent or a solvent with the intent to use or knowing another intended to use such a precursor, chemical reagent, or solvent to unlawfully produce, prepare or manufacture methamphetamine.  The matter has been adjourned for motions.

DAREL D. TINGUE, 27, of Java Center, New York, entered a plea of guilty to Criminal Possession of a Controlled Substance in the Third Degree,  a class B felony; Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor; Criminal Possession of Marijuana in the Third Degree, a class E felony and Broken Windshield, a violation.  The incident occurred on November 30, 2016, in the Town of Yorkshire, when the defendant knowingly and unlawfully possessed a controlled substance, marijuana and knowingly operated a vehicle on a public highway with broken glass to distort visibility.  The matter has been adjourned for motions.
Guilty Pleas
WILLIAM P. LECHNER, 32, of Yorkshire, 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 on May 16, 2017, in the Town of Yorkshire, when the defendant attempted to cause injury to another person by means of deadly weapon or a dangerous instrument.  Sentencing is scheduled for September 25, 2017.

SHAWN M. DELONG, 26, of Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Promoting Sexual Performance by a Child, a class D felony.  The incident occurred between November 2015 and December 2016, in the City of Olean, when the defendant produced, directed or promoted any performance which includes sexual conduct by a child less than 17.  Sentencing is scheduled for September 25, 2017.

CHASE R. COLE, 22, of Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Criminal Possession of Marijuana in the Third Degree, a class E felony.  The incident occurred on March 15, 2017 in the City of Olean, when the defendant knowingly and unlawfully possessed marijuana.  Sentencing is scheduled for August 6, 2018.

BRITTNIE CLEMENT, 25 of Tonawanda, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Attempted Burglary in the Third Degree, a class E felony and was sentenced to 6 months incarceration.  The incident occurred on 12/01/2016, in the Town of Yorkshire, when the defendant knowingly attempted to enter unlawfully into a building with intent to commit a crime therein. 

ROBERT L. GAMET, 38, of Bradford, Pennsylvania, entered a plea of guilty to Criminal Possession of Marijuana in the Fourth Degree, a class A misdemeanor to satisfy a pending indictment and was sentenced to a 1 year conditional discharge.  The incident occurred on December 10, 2016 in the Town of Hinsdale, when the defendant acted jointly and in concert with another and knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana.

JASON C. MIDDAUGH, 33, of Wellsville, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Petit Larceny, a class A misdemeanor and was sentenced to a 1 year conditional discharge.  The incident occurred on January 6, 2017 in the Town of Allegany, when the defendant stole property.
Sentences
CHANCE WASHBURN, 22, of Little Valley, New York, was sentenced to 5 years probation for his conviction to Grand Larceny in the Fourth Degree, a class E felony.  The incident occurred on or about December 9-10, 2015, in the Town of Little Valley, when the defendant stole property and the value of the property exceeded $3,000. 

JAMES TRALA, 30, of Salamanca, New York, was sentenced to an indeterminate term of 1 ½ -3 years with the New York State Department of Corrections for his conviction to Attempted Burglary in the Third Degree, a class E felony.  The incident occurred on December 1, 2016, in the Town of Yorkshire, when the defendant knowingly and unlawfully attempted to enter a building with the intent to commit a crime therein.

DONALD G. HOWE, 31, of Delevan, New York, was sentenced to a determinate term of 1 year in the Cattaraugus County Jail, to run concurrent, for each of his convictions to Failure To Register As a Sex Offender, a class E felony and Forgery in the Third Degree, a class A misdemeanor.  The incident occurred on April 5, 2017, in the Town of Yorkshire, when the defendant, as a registered sex offender, failed to register a change of address with the Division of Criminal Justice Services within 10 calendar days and  falsely made, completed or altered a written instrument.

JESSICA E. LEARN a/k/a JESSICA E. LEBLANC, 26, of Allegany, New York, was sentenced to 5 years probation for her conviction to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony.  The incident occurred on June 23, 2016, in the Town of Carrollton, when the defendant knowingly and unlawfully attempted to sell a controlled substance. 

TINA M. HILL a/k/a TINA GANSCHOW a/k/a TINA TWOGUNS, 55, of Gowanda, New York, was sentenced to 5 years probation for her conviction to Criminal Sale of a Controlled Substance, in the Fourth Degree, a class C felony.  The incident occurred on December 21, 2015, in the Town of Persia, when the defendant knowingly and unlawfully sold a narcotic preparation.

MARY P. ERHART, 37, NPA, was sentenced to 5 years probation for her conviction 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.