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Friday, March 15, 2019

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, March 12, 2019:

Arraignments

DAWN M. SHARP, 53, of Salamanca, New York, entered a plea of not guilty to an indictment that charges her with Driving While Intoxicated, a class D felony; Aggravated Unlicensed Operation in the First Degree, a class E felony; Failure to Signal, a violation; No Seat Belt, a violation; Moved From Lane Unsafely, a violation and Driving on the Shoulder, a violation.  The incident occurred on October 29, 2017, when she allegedly operated a motor vehicle when she was in an intoxicated condition while knowing her license was suspended or revoked; moved from a lane unsafely; was not properly restrained by a safety belt; failure to signal and driving on the shoulder of a roadway.  The matter has been adjourned for motions.

ANDREW C. SKYE, 30, of Salamanca, New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of not guilty to an indictment that charges him with Criminal Contempt in the First Degree, a class E felony; Aggravated Family Offense, a class E felony; 2 counts of Disorderly Conduct, violations; Obstructing Governmental Administration in the Second Degree, a class A misdemeanor; 2 counts of Assault in the Second Degree, class D felonies; Aggravated Harassment of an Employee By an Inmate, a class E felony and Criminal Mischief in the Fourth Degree, a class A misdemeanor.  The incident occurred between July 21, 2018 and August 10, 2018, when the defendant having an order of protection in place, allegedly violated such order against a person of the same family or household; caused a public inconvenience; intentionally obstructed the administration of law by preventing them from performing an official function; assaulted 2 police officers and a corrections officer and intentionally damaged the property of another person.  The matter has been adjourned for motions.

ALBERT REYNOLDS, JR., 44, of Olean, New York, entered a plea of not guilty to an indictment that charges him with 2 counts of Driving While Intoxicated, class E felonies; Aggravated Unlicensed Operation in the First Degree, a class E felony; Interlock Violation, a violation and Speed In Zone, a violation.  The incident occurred on August 21, 2018, in the City of Salamanca, when he allegedly operated a motor vehicle when he was in an intoxicated condition knowing his license was suspended or revoked; operated a motor vehicle without a court ordered ignition interlock and speed in excess of the posted maximum speed limit.  The matter has been adjourned for motions.

JESSICA JUDA, 29, of Delevan, New York, entered a plea of not guilty to an indictment that charges her with Unlawful Manufacture of Methamphetamine in the Third Degree, a class D felony and Uninsured Operation, a violation.  The incident occurred on August 15, 2018, in the Town of Franklinville, when she allegedly 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 operated an uninsured motor vehicle.  The matter has been adjourned for motions.

GABRIELL M. GRIFFO, 27, of Freedom, New York, entered a plea of not guilty to an indictment that charges her with Attempted Assault in the Second Degree, a class E felony; Menacing in the Second Degree, a class A misdemeanor; Reckless Endangerment in the Second Degree, a class A misdemeanor and Criminal Mischief in the Fourth Degree, a class A misdemeanor.  The incident occurred October 12, 2018, in the Town of Freedom, when the she allegedly attempted to cause physical injury to another person and placing that person in reasonable fear of physical injury; recklessly engaged in conduct which created a substantial risk of serious physical injury to another person and intentionally damaged property belonging to another person.  The matter has been adjourned for a plea.

JENNIFER MAZURKIEWICZ, 37, of Franklinville, New York, entered a plea of not guilty to an indictment that charges her with Aggravated Driving While Intoxicated with a Child, a class E felony; Driving While Ability Impaired by Drugs, a class A misdemeanor; Failure To Stop at a Stop Sign, an infraction; Moved From Lane Unsafely, an infraction; Failure To Notify DMV of Address Change, an infraction.  The incident occurred on July 31, 2018, in the City of Olean. The matter has been adjourned for motions.

Guilty Pleas

SHAWN SAYERS, SR., 32 of Salamanca, New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of guilty to 2 counts of Course of Sexual Conduct Against a Child in the First Degree, B felonies to satisfy a pending indictment.  The incidents occurred between June 2010 and November 2017, in the City of Salamanca, when the defendant, over a period of three months, engaged in two or more sexual acts of sexual conduct which includes at least on act of sexual intercourse or oral sexual conduct with a child less than thirteen years old.  Sentencing is scheduled for May 13, 2019.

GREG HIRLIMAN, 43, of Olean, New York, but presently incarcerating in the Cattaraugus County Jail, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Driving While Intoxicated, a class E felony and Aggravated Unlicensed Operation in the Second Degree, a misdemeanor.  The incident occurred on January 19, 2019, in the City of Olean, when the defendant operated a motor vehicle when he was in an intoxicated condition while knowing his license was suspended or revoked.  Sentencing is scheduled for May 13, 2019.

MARTIN MILLER, 34, of Rixford, Pennsylvania, entered a plea of guilty to Criminal Possession of a Weapon in the Fourth Degree, a class E felony.  The incident occurred on June 11, 2018, in the Town of Olean, when the defendant possessed metal knuckles.  Sentencing is scheduled for June 10, 2019.

RYAN S. BARTLETT, 36, presently incarcerated in the Cattaraugus County Jail, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Failure to Register-10 Day Violation, a class E felony.  The incident occurred on February 16, 2018, in the Town of Mansfield, when the defendant, a registered sex offender, failed to register with the Division of Criminal Justice Services within 10 calendar day after a change of address.  FURTHERMORE, RYAN, S. BARTLETT, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Failure to Register-10 Day Violation, a class E felony.  The incident occurred on June 28, 2018, in the Town of Mansfield, when the defendant, a registered sex offender, failed to register with the Division of Criminal Justice Services within 10 calendar day after a change of address.  Sentencing for both is scheduled for May 13, 2019.

ROBERT BOLLES, 61, of Cattaraugus, New York, but presently incarcerated in the Cattaraugus County Jail entered a plea of guilty to Criminal Mischief in the Third Degree, a class E felony and Reckless Endangerment in the Second Degree, a class D felony to satisfy a pending indictment.  The incident occurred on October 25, 2018, in the Town of Little Valley, when the defendant intended to damage property of another person and recklessly engaged in conduct which created a grave risk of death to another person.  Sentencing is scheduled for May 13, 2019.

Sentencing

MARK DEGEORGE, 39, of Tonawanda, New York, was sentenced to a term of 6 years probation for his conviction to Sexual Misconduct, a class A misdemeanor and Endangering the Welfare of a Child, a class A misdemeanor.  The incident occurred on June 30, 2018, in the Town of Red House, when the defendant engaged in oral sexual conduct with another person without her consent and knowingly acted in a manner likely to be injurious to the mental, moral, or physical welfare of a child less than seventeen years old. 

STEPHEN H. FRANK, IV, 27, of Olean, New York, but presently incarcerated in the Allegany County Jail, was sentenced to 2 to 4 years with the New York State Department of Corrections for his conviction 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. 

DANIEL BEMISH, 53, of Delevan, New York, was sentenced to a term of five years of probation for his conviction to Criminal Possession of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on March 29, 2018, in the Town of Yorkshire, when the defendant knowingly and unlawfully possessed a narcotic drug.

SAMANTHA R. RYAN, 23, of Olean, New York, was sentenced to a concurrent term of 3 years of probation each for her convictions to Forgery in the Third Degree, a class A misdemeanor and Petit Larceny, a class A misdemeanor.  The incident occurred on August 2, 2017, in the Town of Lyndon, when the defendant with intent to deceive or defraud or cause injury to another, falsely made, completed, or altered a written instrument and stole property. 

STACEY SPENCER, JR., 30, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of one year with the Cattaraugus County Jail for his conviction to Menacing in the Second Degree, a class A misdemeanor and Petit Larceny, a class A misdemeanor.  The incident occurred on September 28, 2016, in the City of Olean when the defendant intentionally placed a person in fear of physical injury by displaying a deadly weapon and stole property.

SAMMY MCDANIEL, 41, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 5 years of probation for his conviction to Attempted Burglary in the Third Degree, a class E felony.  The incident occurred on August 18, 2018, in the Town of Allegany, when the defendant knowingly entered unlawfully into a dwelling with intent to commit a crime therein. 

ROBERT J. BIALY, 60, of Farmersville, New York, was sentenced to a term of 5 years probation for his conviction to Driving While Intoxicated, a class E felony and a term of 3 years probation, to run concurrent for his conviction to Aggravated Unlicensed Operation in the Second Degree, a class A misdemeanor.  The incident occurred on February 21, 2018, in the Town of Yorkshire, when the defendant operated a motor vehicle on a public highway while he was in a intoxicated condition and knowing or had reason to know that his license or privilege of operating a motor vehicle in the State of New York was suspended or revoked.