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Tuesday, December 11, 2018

Cattaraugus County District Attorney Report - December 10, 2018

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, December 10, 2018:
Arraignments
SHIRLEY LEE, 24, of Olean, New York, entered a plea of not guilty to an indictment that charges her with Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony; Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony.  The incident occurred May 10, 2018, in the City of Olean, when the defendant allegedly knowingly and unlawfully possessed and sold a controlled substance.  The matter has been adjourned for motions.

BRANDON BUSH, 36,  of Randolph, New York, 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; Criminal Use of Drug Paraphernalia, class A misdemeanor; Criminal Possession of a Weapon in the Fourth Degree, a class A misdemeanor.  The incident occurred on May 31, 2018, in the Town of Conewango, when the defendant allegedly knowingly and unlawfully possessed a controlled substance and knowingly and unlawfully possessed a stun gun.  The matter has been adjourned for motions.
Guilty Pleas
STEPHEN H. FRANK, IV, 26, of Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Burglary in the Third Degree, a class D felony.  The incident occurred on August 21, 2018 in the City of Olean, when the defendant knowingly entered unlawfully in a building with the intent to commit a crime therein.  Sentencing is scheduled for February 25, 2019.

CHRISTOPHER E. HERRON, 37, of Limestone, 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 and Attempted Robbery in the Third Degree, a class E felony.  The incident occurred on October 25, 2018 in the City of Olean, when the defendant attempted to forcibly  steal a credit or debit card.  Sentencing is scheduled for February 25, 2019.

SAMANTHA BETTKER, 26, of Delevan, New York, entered a plea of guilty to Welfare Fraud in the Fifth Degree, a class A misdemeanor to satisfy a pending indictment.  The incident occurred between September 13, 2016 and September 14, 2017, in the City of Olean, when the defendant committed a fraudulent welfare act and thereby took or obtained public assistance benefits, stole property and made a false statement.  The matter has been adjourned for motions. Further SAMANTHA BETTKER, entered a plea of guilty to Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony to satisfy a pending indictment. The incident occurred on April 13, 2018 in the Town of Machias, when the defendant knowingly and unlawfully possessed a narcotic drug with the intent to sell it. Sentencing for both cases is scheduled for January 7, 2019.

RAYMOND G. SHAFFER, 41, Olean, New York, 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 March 29, 2018, in the Town of Allegany, when the defendant possessed at the same time and location, with intent to use, or knowing that another intends to use each such product to unlawfully manufacture methamphetamine.  Further SHAFFER, but presently incarcerated in the Cattaraugus County Jail, entered a plea of guilty to Criminal Possession of a Controlled Substance in the Fourth Degree, a class C felony to satisfy a pending indictment.  The incident occurred on August 21, 2018, in the City of Olean, when the defendant possessed at the same time and location, with the intent to use, or knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine with two or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination.  Sentencing is scheduled for both cases on February 25, 2019.
Sentencing
CHRISTOPHER MCCULLOUGH, 24, of Allegany, New York, was sentenced to a indeterminate  term of  1½ to 3 years with the New York State Department of Corrections and a Mandatory State Surcharge for his conviction to Criminal Contempt in the First Degree, a class E felony.  The incident occurred on November 27, 2017, in the Village of Portville, when the defendant violated a duly served Allegany Town Court order of protection and intentionally placed fear of physical injury, serious physical injury or death by repeatedly following such person or engaging in a course of conduct or repeatedly committing acts over a period of time.

THOMAS J. BENKELMAN,22, of  Olean, New York,  was sentenced to a 1 year Conditional Discharge for his conviction to Criminal Possession of Marijuana in the Fourth Degree, a class A misdemeanor.  The incident occurred on or about February 16, 2018, in the City of Olean, when the defendant knowingly and unlawfully possessed a controlled substance with the intent to sell it.