Cregg Paul, co-owner of Center Street Smokehouse, was sentenced to five years probation this afternoon by Judge Robert Noonan in Genesee County Court. Paul had been convicted of a felony count of repeated failure to file corporate tax returns in September. He could have faced up to four years in prison.

"Do I feel that incarceration is appropropriate or necessary? No. I don't," Noonan said prior to sentencing Paul to a probation which included 200 hours of community service to be completed before September 1.

The sentencing, which was scheduled for 1:30pm, was postponed for nearly 45 minutes. When Noonan took the bench he waved a stack of papers at the attorneys seated before him. They were "a whole book of letters" written by community members in support of Cregg Paul that was only given to the judge earlier today, he said. Hence the late start: It took some time to get through them all.

"Mr. Paul is head and shoulders above the average person who gets convicted of a felony in front of me," said Noonan. "There were many, many letters, not just from family and friends ... people who spoke of the defendant's contribution to the community."

Paul was given 60 days to file the tax returns that were the subject of the trial, dating from the filing years 2000, 2001 and 2002. Noonan said that he was not "satisfied" by the prosecution's evidence, and not confident enough in the numbers to enforce the requested restitution that totalled more than $488,000.

District Attorney Cydney Kelly protested that Paul's sentencing had already been adjourned from its original date of December 10 so that the returns could be filed.

"We already gave him until now to do that," she said. "He has not."

When it was his turn to speak, Paul accepted the responsibility of the charges.

"This has been going on in my life for four years," he said. "I've paid a high price personally and financially."

"It was my responsibility," he added. "And it didn't get done. I'm here today to accept any consequences of those actions."

In June, Paul rejected a plea deal, opting instead to go to trial to face accusations of tax evasion. Those charges included: repeated failure to file corporate tax returns, offering a false instrument for filing and filing false returns on corporate taxes. At that time, Paul had told Daily News reporter Scott DeSmit that "he is being targeted by over-zealous state prosecutors."

When Paul was convicted of repeated failure to file coporate tax returns for his company, Employee Leasing Network, in September, he was also acquitted of four other felony charges and four misdemeanors related to the returns.

Alyssa D'Errico has always been a star on the volleyball court. She has won state titles, club titles and two national championships at Penn State.

But one of her favorite volleyball memories is the 2006 Empire State Games when she was chosen to kick off the ceremony by lighting the torch that kicked off the opening ceremony.  

D'Errico has three gold medals in the scholastic competition and picked up a silver in the open division last year.

With the news that athletes may have to pay up to $300 to play in the games, she isn't positive she will be back for another ESG.

"It doesn't really bother me right now because I'm so far removed," D'Errico said. "If I was still in high school, it would bother me. But right now I'm not as big a part of the team and I would be playing open. But as a college student, I don't know if I could play if they charged $300. I think it would make it a lot less fun because I've always looked forward to playing for and representing Western New York."

Alyssa made an excellent point when the idea of having to pay to play in the ESG came up. She believes it is an honor to represent your region, but a player would be better off spending the money to pay to play club volleyball, where she will be noticed by college recruiters.

D'Errico won three state titles at Byron-Bergen while reaching the 1,879 kills and 1,521 digs in her career.

But a big reason why she landed a Division I scholarship to play with Penn State is because of her years with the VolleyFX Magic Club. She helped lead that team to four regional titles and a 17th-place finish in the 2006 nationals.

"For $300, you can go to a camp and get training, rather than just play," D'Errico said. "It was a great experience, but I guess it depends on who (the ESG team) is trying to attract. It is definitely going to deter people from trying out because of the cost."

Alyssa's mother Cindy was a member of the 1977 volleyball national A2 team and is still heavily involved in the sport. She coached the Bees while Alyssa was in high school and still attends all of her home matches at Penn State.

She helps scholastic coach Rob Werkmeister with player selection and runs the masters division, which could be one of the sports eliminated if there are cut-backs.

She thinks a charge would make things very difficult for a lot of players.

"It's going to be tough," Cindy said. "There are going to be families and parents that are going to have to decide if going to Empires is going to benefit their sons or daughters."

This very well could be the beginning of the end of the Empire State Games.

It was announced by The Buffalo News this morning that the Empire State Games might be downsizing, and in fact starting to charge athletes up to $300 each to participate in the summer games.

"I would say that this is a very unfortunate thing because it would keep a lot of scholastic athletes that are trying to play in Empires out," said Batavia coach Buddy Brasky, who has coached the last three Western squads. "There are a lot of kids that couldn't afford to pay that feed. It could lead to the end of the Scholastic Empire State Games." 

Western Regional director Lou Reuter also doesn't feel very good about the future of the games.

“I can understand that everyone is having to take a hit,” he told Buffalo News reporter Niki Cervantes, because of the weak economy and state budget crisis. “But it’s almost like the demise of the Empire State Games.”

Reports are that some sports - assuming the non-spectator sports - could flat out be eliminated, but without help from the state, this year's games in the Hudson River Valley could be in serious trouble.

Brasky can only keep 10 players on his scholastic boys basketball team, but can see where it will be a problem for him to attract quality players that are from lower income families.

"(If I were going to recommend) that a player tries out for the games, I would leave it up to the individual athlete," Brasky said. "I still think it is a worthwhile experience, but they have to see if it is worth a $300 experience. With all the AAU basketball out there, I don't know if kids would pay that kind of money to play in the Empire State Games."

Brasky has 10 roster spots to worry about. Imagine what the track & field coaches and wrestling coaches would have to worry about if those larger squads. 

As somebody that has covered these games before, I know that there is funding by the New York State Office of Parks and other organizations, but I have never noticed a lack of corporate sponsorships. It really is never a problem to get a $6 hot dog or $4 bottle of water either.

Times are tough for everybody as we are dealing with this economic downswing, but having a chance to get the best athletes in the state together during the summer time for a chance to compete is something worth fighting for. 

And it might not be just athletes that would feel the frustration if the student athletes are charged to participate. Some coaches just don't know if the extra effort of trying to get good enough talent to compete will be possible, or even worth it.

"I'd have to think about (coming back to coach this summer," Brasky said. "This is the first time I've heard about this, so I'm going to get in touch with director Lou Reuter. This is something I'm going to have to think about, if I want to keep going under these circumstances."

Shane Reisman, 39, of 143 State St., Batavia, was arrested yesterday by Genesee County sheriff's deputies following an investigation into the transportation and sale of illegal drugs. Reisman was charged with several felonies, including: third-degree criminal sale of a controlled substance, fourth-degree criminal sale of a controlled substance, fifth-degree sale of a controlled substance, third-degree criminal possession of a controlled substance and two counts of fifth-degree criminal possession of a controlled substance.

Reisman is alleged to have sold "quantities of pills" to an undercover agent of the Genesee County Local Drug Enforcement Task Force. Following the arrest, made at Resiman's home Monday, he was sent to Genesee County Jail without bail pending an arraignment in county court later this afternoon.

Folks in the region will have several opportunities to meet and speak with our governor in February. An article in the Rochester Democrat & Chronicle reports this morning that Gov. David Paterson will hold a series of at least four town-hall style meetings upstate to "allow residents to ask questions and interact with the governor on the ideas he lays out in the State of the State address." Gov. Paterson will give his State of the State this Wednesday at 1:00pm.

Of those meetings that have so far been scheduled, three will be held within a short distance of Batavia: one in Buffalo on February 18, one in Rochester on February 11 and another in Geneseo on February 12. Others will likely be held in Watertown and Binghamton.

From the article:

Paterson has moved away from Spitzer's plan to split up some state duties, particularly economic development, into upstate and downstate branches. Paterson has argued that New York is one state with a united purpose.

Andrew Rudnick, president of the Buffalo Niagara Partnership, said an upstate address isn't necessary so long as the governor gives the region the attention it needs.

If the symbolism of an upstate speech, "isn't followed up by definitive policy and asset allocation, what much difference does it make?" he said.

Most people would likely agree that the most pressing issue now facing the state is the budget crisis. A few weeks ago, Paterson released his budget proposal that caused quite a stir. We've put together a poll with a few topics that might come up when the governor visits upstate. Pick whichever you most want to hear about. I figure that the budget proposal will likely be a major part of the State of the State this Wednesday, so try to think what's most important to upstate other than that.

We've received yet another winter weather advisory from the National Weather Service. This one goes into effect tonight at 8:00pm through 5:00pm tomorrow.

A wintry mix will produce slippery travel tonight through Wednesday. Light snow is expected to overspread the Niagara Frontier, Genesee Valley and northern Finger Lakes this evening. The light snow will change to sleet and freezing rain from southwest to northeast after midnight. Occasional light freezing rain and freezing drizzle is expected to continue through Wednesday. The freezing rain may change to just rain later Wednesday with temperatures rising just above freezing.

Snow accumulations of 1 to 2 inches are possible before the changeover. Ice accumulations of up to a tenth of an inch are possible.

Be careful out there. This doesn't sound like the worst we've had—freezing drizzle isn't all that intimidating—but even a tenth of an inch of ice can cause some hairy driving conditions.

Many thanks to Sean Feeney for sending along this remembrance:

I remember playing in what I think was the original Batavia Lions Club tournament in December 1975 while playing for Attica. We played Batavia in the opener losing by a point or two to Batavia led by now coach Buddy Brasky and Jimmy Orosco. Kevin Kellogg and Doug Miller were our leading scorers. We played Notre Dame in the consolation game. ... I do not remember who Batavia played in the final. I believe Buddy Brasky was the tournament MVP.  Myself and I think Jimmy Orosco were on the all tourney team with someone from ND and the other team in the tourney. Batavia warmed up to the Ohio players "Love Rollercoaster".

The Batavian is great. I love catching up on high school sports back in WNY!

Sean Feeney
Alpharetta, GA

I wanted to post this to the site to see if it sparked any other memories in our readers. Was this the original Lions Club tournament in 1975? Or did it start later on, in 1982, as we had believed? Do you remember? Did you play?

Rigs lined up over a dozen deep stretched along the side of East Main Street in Corfu this morning. Its riders, along with many more, crowded inside the Pembroke Community Center to pay their last respects to Norm Koch, former chief at the Corfu Fire Department and longtime firefighter who died in the line of duty assisting at the scene of a car accident in East Pembroke Tuesday. Koch served as commissioner and captain of the fire police in East Pembroke. He was 79.

Shortly before noon this morning, county dispatchers sounded the final alarm in honor of Captain Koch. This was that message:

This is the Genesee County Emergency Dispatch Center going on the air with a last alarm assignment for East Pembroke Fire Police Captain Norm Koch.

Captain Koch answered his last alarm December 30th at 12:34 hours at the age of 79. He served the East Pembroke Fire Department for 21 years.

The Alexander, Corfu and East Pembroke Fire Departments are thankful for the 58 years of service Past Chief, Commissioner and Fire Police Capt. Norm Koch has provided to the communities they serve.

His task completed, his duties well done. To our Comrade, his last alarm, he's going home.

Meanwhile, outside the Corfu Fire Department, the buckets from the Batavia and Le Roy ladder trucks joined some thirty feet from the ground to fly the flag in salute.

All the lights are extinguished. All the percolators are turned off, the swizzle sticks packed away and the steamers have all run out of steam. It's official... the end of an era.

Main Street Coffee is closed.

We would like to wish former proprietor Rob Credi the best of luck in his future endeavors. Credi took us in when we were still crawling, just learning how to walk, back in May. Main Street Coffee was the home base for The Batavian for several months before we procured an office of our own. We were always treated like family there. And we'll always consider it our home away from home. We hope that right now Credi is still sleeping, for once not having to get up before dawn to help us start our day with a fresh cup of coffee and a hot bagel sandwich.

All that being said, what do we do now? Where do we go now for a good cup of coffee served with class and culture and often—especially in the case of Credi—a touch of comedy? Let's take it to the polls... I'll tell you all right now that I'm voting for Hot Shots. I've always been and plan to remain a staunch supporter of locally-owned and operated cafés. So that's me. How about you? 

We've tallied the results and put together our lists of The Batavian's Top Ten Posts and Top Ten Stories of 2008. You may notice that we don't run them down neatly one through ten. There were many ties. So here you are:

Top Ten Posts of 2008:

1. Batavians choose not to live like they do in big cities...

2. Waterfowler's morning...

3. Le Roy remembers Hooks...

4. O-A stuns Pembroke in final seconds...

5. Saturday Day Trip... (Tie - 5th)

5. Chainsaw artist Rick Pratt... (Tie - 5th)

6. A truck that's got a story to tell... (Tie - 6th)

6. Contemplating Bill Kauffman's Batavia... (Tie - 6th)

7. Hillary's Seat: If We Were Speaking Locally... (Tie - 7th)

7. Telling stories that tell stories: The art of Brian Moore... (Tie - 7th)

Top Ten Stories of 2008:

1. Pontillo's in Batavia closes—owes more than $112,000 in back taxes...

2. Muckdogs win NY-Penn League Championship...

3. My T Acres barn fire...

4. High school football...

5. Six-year-old brings loaded gun onto school bus...

6. First major winter storm... (Tie - 6th)

6. Elections... (Tie - 6th)

7. House fire on Lewiston Road claims life of teenage boy...

8. Youth football...

9. The mall...

There you have it. The people have spoken! Please follow the links to view the vote count or to navigate and view any of the top posts you either missed or wish to read again. Thank you! Here's to a new year that will be even more exciting than the last.

Christopher P. Ball, 26, of 4902 Ellicott Street Road, Batavia, was charged with second-degree harassment early Sunday morning, Genesee County sheriff's deputies said. Ball is accused of punching his father in the head during a domestic dispute. Ball was sent to Genesee County Jail in lieu of $250.

Christopher Archer, 17, of Pembroke, was charged with second-degree harassment Friday, deputies said. Archer was allegedly involved in a fight following a domestic dispute.

Edward J. Roshea Jr., 40, of Corfu, was charged with driving while intoxicated Sunday, deputies said. Roshea Jr. was stopped by deputies for allegedly failing to keep right of the center line.

A potential consolidation for Batavia has caught the attention of more than just the local crowds. An editorial from the crew at the Syracuse Post Standard that went up a few days ago asks the question: One Batavia for all?

If Batavia's voters approve municipal consolidation next fall, it should make waves at least throughout the state. As Attorney General Andrew Cuomo recently noted, New York's 10,521 local government entities are excessive. Towns, villages, school districts and special assessment districts consume too many tax dollars and pit folks against each other who should join forces.

Is Batavia ready to make waves? What good or bad could come from the consolidation?

A story in the Democrat & Chronicle yesterday features Batavia Notre Dame graduate Tim Sullivan, now one of the country's best basketball shooting coaches. Sullivan, who graduated in 1978, then "walked onto the team at Canisius College in Buffalo," now puts on some 400 shooting clinics across the country each year.

This article, by John Boccacino, is a fun read, and there are more than a few great tips for any amateur basketball enthusiast looking to beef up his or her shot. It's clear that Sullivan knows his stuff.

After every shot attempt Sullivan preached that, as part of their follow through, the participants kiss the shoulder of their shooting side to guarantee a complete, accurate shot.

His wise words were met with confusion. "When he started talking about that, my friend Matt Noto and I looked at each other and said, 'OK, that won't work,'" said Steven Ciotti, 13, a seventh-grader at Greece Athena Middle School who plays for Greece Basketball Association's seventh-grade house team. "But then he started shooting and he just wasn't missing. I think he made almost 95 percent of his 200 shots and we were all amazed."

We received the following notice from the Friends of Jennifer:

    Jennifer Bobzin was in a serious accident with a tractor trailer on Monday, October 20, 2008 around 1 p.m.  She was put into a coma by the doctors to perform a Bifrontal Craniectomy (part of her skull cap was removed to make room for swelling of the brain), the surgery was finished around 730 p.m. Monday night. The injuries sustained in the accident were mainly to her face and head. She has several facial fractures and trauma to her head/brain, with bleeding.
    Jennifer was transferred to St. Mary’s Brain Injury Unit on November 13th for rehabilitation.  She is doing well and has even progressed to being able to come home for occasional day visits.
    Jennifer is a single mom, and recently purchased her first home for herself, her mother and her boys.  Due to the accident and the extent of her injuries, the financial situation is poor.
    In an effort to help with the many medical and everyday expenses, her friends have planned a benefit dinner and concert for
January 24, 2008.  The benefit will feature four live bands, dinner, a Chinese auction, door prizes, raffles and a live auction as well.  We are planning on about 400 people.  We are currently seeking donations from area businesses for items to use in the auctions and raffles.  We are also looking for donations of food items or monetary donations to offset the cost of the dinner.
    For more information you can check out the websites that have been set up for Jennifer.  www.caringbridge.org/visit/jenniferbobzin is the website that has been tracking her progress with daily updates and a guestbook that can be signed, and www.myspace.com/jamminforjen has been set up to promote the benefit.   Businesses will be promoted on the my space website as well as area radio stations and newspapers.
If you need to contact someone, please feel free to call Jennifer’s sister Shari at 585-813-7675.  Donations can be mailed to Shari Loewke at 6664 Townline Road Byron, NY 14422.

Thank you,
Friends of Jennifer

Most viewed posts on The Batavian for December:

• Christmas lights 12-13-08: DiSalvo's always best in show, by Brian Hillabush
• Batavia: My T Acres barns engulfed in flames, by Howard Owens
• Greater Rochester football selections overlook Genesee County standouts, by Brian Hillabush
• My 'T' Acres fire pictures, by Howard Owens
• No state wrestling in Rochester, by Brian Hillabush
• Thanks for the advice, But..., by Charlie Mallow
• On the Beat: More charges, jail time, for alleged abuser, by Philip Anselmo
• Governor releases budget proposal: Plans to eliminate deficit in two years, by Philip Anselmo
• Hoy's Geneseo basketball team gets ESPN's top play, by Brian Hillabush
• A month later, McCormick still touching Hornell and Section 5, by Brian Hillabush