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Wednesday, November 29, 2017

Cattaraugus County District Attorney Report - November 27, 2017

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

Arraignments

JAMES HALEY, 54, of Bradford, Pennsylvania, 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, a class D felony. The incident occurred on May 17, 2017, in the Town of Carrollton. The matter has been adjourned for motions.

BENJAMIN MEYER, 32, of Cattaraugus, New York, 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; Criminal Mischief in the Fourth Degree, a class A misdemeanor; Criminal Possession of Stolen Property in the Fifth Degree, a class A misdemeanor; Possession of Burglary Tools, a class A misdemeanor; and Petit Larceny, a class A misdemeanor. The incident occurred between April 17, 2017 and April 22, 2017, in the Town of New Albion. The matter has been adjourned for motions.

MARTIN MILLER, 33, of Rixford, Pennsylvania, was arraigned and entered a plea of not guilty to an indictment that charges him with Aggravated Driving While Intoxicated, a class E felony; Driving While Intoxicated, a class A misdemeanor; Unlicensed Operation, an infraction; Failure to Keep Right, an infraction; Driving to the Left of Pavement Marks, an infraction; and Endangering the Welfare of a Child, a class A misdemeanor. The incident occurred on May 7, 2017, in the Town of Olean. The matter has been adjourned for motions.

Guilty Pleas

PAUL R. BARAN, 35, of Salamanca, New York, entered a plea of guilty to Criminal Possession of a Controlled Substance in the Third Degree, a class B felony, to satisfy a pending indictment. The incident occurred on May 19, 2017, in the City of Salamanca, when the defendant knowingly and unlawfully possessed a narcotic drug with the intent to sell it.  Sentencing is scheduled for January 28, 2019 pending the successful completion of Drug Treatment Court.

GERALD LOIACONO, 41, of Allegany, New York, waived prosecution by indictment, and entered a plea of guilty by Superior Court Information to Criminal Possession of Marijuana in the Fourth Degree, a class A misdemeanor. The incident occurred on July 29, 2017, in the Town of Allegany, when the defendant knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, or mixtures were of an aggregate weight of more than two ounces. Further, GERALD LOIACONO, was sentenced to a conditional discharge for a term of one year for the conviction stated above.

Sentences

TIFFANLY L. CHIARILLI, 39, of Cuba, New York, was sentenced to a term of a one (1) year conditional discharge, driver’s license revocation for a period of six (6) months, and the installation of the ignition interlock device for a period of one (1) year, for her conviction of Driving While Intoxicated, a class A misdemeanor.  The incident occurred on January 27, 2016, in the Town of Yorkshire, when the defendant operated a motor vehicle on a public highway in an intoxicated condition. 

THOMAS E. CLOUSE, of Arcade, New York, was sentenced to a conditional discharge for a term of one (1) year, driver’s license revocation for a period of one (1) year, and the installation of the ignition interlock device for a period of one (1) year for his conviction of Driving While Intoxicated, a class E felony.  The incident occurred on November 7, 2015, in the Town of Yorkshire, when the defendant operated a motor vehicle on a public highway in an intoxicated condition. 

JOSEPH P. DEMPSEY, 38, of Olean, New York, was sentenced as a predicate felony drug offender to a term of one and a half (1 ½) years with the New York State Department of Corrections and 2 years of Post Release Supervision, to run consecutively to his present sentence, for his conviction of Attempted Criminal Possession of a Controlled Substance in the Fifth Degree, a class E felony. The incident occurred on June 15, 2017, in the City of Olean, when the defendant knowingly and unlawfully attempted to possess a controlled substance with the intent to sell it.

STEPHON J. EDWARDS, 26, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced as a predicate felony offender to a term of one and a half (1 ½) to three (3) years with the New York State Department of Corrections for his conviction of Criminal Mischief in the Third Degree, a class E felony. The incident occurred on July 30, 2017,  in the Town of Little Valley, when the defendant, with the intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he had such a right, damaged the property of another person in an amount exceeding $250.00. 

JASON M. GUTKNECHT, 43, of Olean, New York, was sentenced to a term of nine (9) months in the Cattaraugus County Jail for his conviction of Petit Larceny, a class A misdemeanor.  The incident occurred on August 18, 2017, in the City of Olean, when the defendant stole property.

NATHAN NEPHEW, 39, of Versailles, New York, was sentenced to a term of ninety (90) days in the Cattaraugus County Jail, three (3) year Conditional Discharge, driver’s license revocation for a period of one (1) year, and the installation of an ignition interlock device for a period of one (1) year for his conviction of Driving While Intoxicated, a class E felony. The incident occurred on February 6, 2017, in the Town of Perrysburg, when the defendant operated a motor vehicle on a public highway while he was in an intoxicated condition.

GERALD K. REDFORD, II, 41, of Gowanda, New York, was sentenced to a term of one (1) year in the Cattaraugus County Jail for his conviction of Burglary in the Third Degree, a class D felony, and one (1) year in the Cattaraugus County Jail for his conviction Petit Larceny, a class A misdemeanor, both terms to run concurrently. The first incident occurred on July 19, 2017, in the Town of Persia, when the defendant knowingly entered unlawfully in a building with the intent to commit a crime therein. The second incident occurred on July 26, 2017, in the Town of Persia, when the defendant stole property.