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Tuesday, August 8, 2017

Cattaraugus County District Attorney Report - August 7, 2017

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, August 7, 2017:
Guilty Pleas
VERNON PIERCE, 59, of Steamburg, New York, entered a plea of guilty to Criminal Possession of Marijuana in the Third Degree, class E felony to satisfy a pending indictment.  The incidents occurred on December 28, 2016 in the Town of Coldspring, when the defendant acted jointly and in concert with another each aiding and abetting the other, knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregated weight of more than sixteen ounces. Sentencing is scheduled for October 10, 2017.

LAWRENCE C. SMITH, 30, of  Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Criminal Possession of Controlled Substance in the Seventh Degree, a class A misdemeanor.  The incident occurred on March 11, 2017, in the City of Olean, when the defendant knowingly and unlawfully possessed a controlled substance.  Sentencing is scheduled for November 13, 2017.

JAMIE VEREEKEN,35, entered a plea of guilty to Aggravated Driving While Intoxicated with a Child as a Passenger, a class E felony, to satisfy a pending indictment.  The incident occurred on December 24, 2016 in the Town of Little Valley,  when the defendant operated a motor vehicle with a BAC .14%  and while a child fifteen years of age or less was a passenger in such motor vehicle 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 October 10, 2017.

LAYTON T. WALKER, 18of  Olean, 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.  The incident occurred on April 28, 2017, in the City of Olean, when the defendant knowingly attempted to enter a building with the intent to commit a crime therein. Sentencing is scheduled for October 10, 2017.

NICHOLAS CAMILLO, 30, of  Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Offering a False Instrument for Filing in the First Degree, a class E felony.  The incident occurred on December 20, 2015, in the City of Olean, when the defendant, knowing that an instrument contained false information and with knowledge or belief that it would be filed with, registered or recorded in or otherwise become a part of the records of such public benefit corporation. Sentencing is scheduled for April 23, 2018.
Sentence
BERRY ARMPRESTER, 70, of Olean, was sentenced as a PREDICATE FELONY OFFENDER to a term of  5 years plus 3 years with the New York State Department of Corrections  and restitution for his conviction to Criminal Sale of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on November 4, 2015, in the City of Olean when the defendant knowingly and unlawfully possessed and sold a narcotic drug. 

NORMA J. HARRISON, 3, of Steamburg, New York, was sentenced to 5 years probation and a term of 6 months in the Cattaraugus County Jail; Ignition Interlock for 1 year; Drivers License Revoked for 1 year for her conviction to 2 counts of Driving While Intoxicated, class E felonies; Aggravated Unlicensed Operation in the Second Degree, a class A misdemeanor and Obstructing Governmental Administration, a class A misdemeanor.  The incident occurred on January 28, 2017 and February 22, 2017 in the City of Salamanca, when the defendant operated a motor vehicle on a public highway in an intoxicated condition; operated a motor vehicle on a public highway 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 and intentionally obstructed, impaired or prevented a public servant from performing an official function. 

AMANDA WISIOREK, 40, of Dayton, New York,  was sentenced to 3 years probation and Mandatory Surcharge for her conviction to Criminal Possession of Methamphetamine Manufacturing Materials in the Second Degree, a class A misdemeanor.  The incident occurred on January 4, 2017, in the Town of Dayton, when the defendant possessed a precursor, a chemical reagent or a solvent with intent to unlawfully manufacture methamphetamine.

MELISSA NESTELL, 33, of Salamanca, New York, was placed on Interim Probation for 1 year for her conviction to Driving While Intoxicated, a class E felony and Obstructing Governmental Administration, a class A misdemeanor ( Indictment No. 17-06).  The incident occurred on October 1, 2016, in the City of Salamanca, when the defendant operated a motor vehicle while she was in an intoxicated condition, having a .18% BAC and  prevented or attempted to prevent a public servant from performing an official function.  FURTHERMORE, MELISSA NESTELL, was placed on Interim probation for 1 year for her conviction to Driving While Intoxicated, a class E felony ( Superior Court information No. 17-89).  The incident occurred on November 9, 2016, in the City of Salamanca, when the defendant operated a motor vehicle while she was in an intoxicated condition.  Status Review for both cases is scheduled for February 5, 2018 and sentencing is scheduled for August 6, 2018.

KIMBERLY A. WILBER, 53, of  Olean, New York,  was sentenced to 1 year Conditional Discharge and restitution  for her conviction to Petit Larceny, a class A misdemeanor.  The incident occurred on March 17, 2017, in the City of Olean, when the defendant stole property. 

STACEY SPENCER, JR.,27,  of Olean, New York,  was sentenced as a PREDICATE FELONY OFFENDER   to a term of  1 ½ - 3 years with the New York State Department of Corrections for his conviction to Attempted Robbery in the Third Degree, a class E felony to satisfy a pending indictment.  The incident occurred on March 17, 2016, in the City of Olean, when the defendant attempted to forcibly steal property at Five Star Bank

OBIDAH T. RAMADHAN, 31, of Little Valley, New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of guilty to  Criminal Possession of a Controlled Substance in the Seventh Degree;  Attempted Tampering with Physical Evidence.  The incident occurred on February 26, 2017, in the City of Olean, when the defendant knowingly and unlawfully possessed a narcotic drug with intent to  sell it, intended to prevent certain physical evidence about to be produced or used in an official proceeding;  intentionally prevented or attempted to prevent a police officer from effecting an authorized arrest of himself or another person, intentionally obstructed, impaired or prevented or attempted to prevent a public servant from performing an official function and knowingly and unlawfully possessed marijuana.  Defendant was sentenced to a term of 6 months on each charge to run concurrent to be served in the Cattaraugus County Jail and 15 months for a Parole Violation with the New York State Department of Corrections.