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Wednesday, November 1, 2017

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, October 30, 2017:
Guilty Pleas
DOMINICK A. BLEIER, 22,  of Limestone, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Attempted Criminal Sale of a Controlled Substance in the Third Degree, class C felony, to satisfy a pending indictment.  The incident occurred on October 17, 2017, in the Town of Carrollton, when he attempted to sell a narcotic drug.  Sentencing is scheduled for January 8, 2018.
KELLY C. MALLABER, 25, of South Dayton, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Attempted Criminal Possession of a Forged Instrument in the Second Degree, a class E felony, to satisfy a pending indictment.  The incident occurred on July 19, 2017, in the Village of South Dayton. Sentencing is scheduled for December 3, 2018, pending the successful completion of Drug Treatment Court.
MICHAEL C. MCFARLAND, 19, of Hamburg, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to two counts of Disseminating Indecent Materials to Minors in the Second Degree, a class E felony, to satisfy a pending indictment.  The incidents occurred on May 17, 2017, in the Town of Lyndon, and July 8, 2017, in the Town of Yorkshire, when the defendant knowing the character and content of the communication which, in whole or in part, depicted actual or simulated nudity, sexual conduct or sadomasochistic abuse, and which was harmful to minors, he intentionally used any computer communication system allowing the input, output, examination or transfer, of computer data or computer programs from one computer to another, to initiate or engaged in such communication with a person who is a minor.  Sentencing is scheduled for February 5, 2018.
DYLAN M. PURDY, 26, of Kennedy, New York, entered a plea of guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony.  The incident occurred on March 16, 2017 in the Town of Randolph, when the defendant attempted to knowingly and unlawfully sell a narcotic substance. Further, DYLAN M. PURDY, entered a plea of guilty to Grand Larceny in the Fourth Degree, a class E felony. The incident occurred on June 20, 2017, in the Town of Randolph when the defendant stole one or more firearms, rifles, or shotguns.  Sentencing is scheduled for January 8, 2018.
STEVEN D. WOODRUFF, 38, Olean, New York, 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 Criminal Contempt in the Second Degree, a class A misdemeanor, to satisfy a pending indictment.  The incident occurred on October 15, 2016, in the City of Olean, when Woodruff engaged in sexual intercourse with another person less than fifteen years old.  Sentencing is scheduled for January 8, 2018.
YVETET VALENTIN, 36, Olean, New York, entered a plea of guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony.  The incident occurred on  June 3, 2017, in the City of Olean, when the defendant attempted to sell a narcotic substance.  Sentencing is scheduled for December 3, 2018, pending the successful treatment of Drug Treatment Court.
Sentences

JAMES J. JURBALA, 50, of Bolivar, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of one (1) year in the Cattaraugus County Jail; license revocation for a period of one year; and the installation of the Ignition Interlock device for a period of one year for his conviction of Driving While Intoxicated, a class E Felony. The incident occurred on March 25, 2017, in the Town of Ellicottville, when the defendant operated a motor vehicle on a public highway while he was in an intoxicated condition.
NICOLE L. KARL-LEBRENZ, 44, of Olean, New York, was sentenced as a Predicate Felon to a term of one and a half (1 ½) to three (3) years with the New York State Department of Corrections for her conviction of Attempted Burglary in the Third Degree, a class E felony.  The incident occurred on March 19, 2016, in the Town of Allegany; when the defendant attempted to enter or remain unlawfully enter a building with the intent to commit a crime therein. 
DEBORAH A. MESMER, 53, of Cuba, New York, was sentenced to a term of five (5) years probation; license revocation for a period of one (1) year; the installation of the Ignition Interlock Device for a period of one (1) year; and fifty (50) hours of community service for her conviction of Driving While Intoxicated, a class E Felony. The incident occurred on May 18, 2017, in the Town of Olean, when the defendant operated a motor vehicle on a public highway at a time when she had a .08 per centum or more by weight of alcohol in her blood.