Press release:

Members of the Byron-Bergen Central School District’s learning community can always be counted on to provide assistance to neighbors in need during the holidays. For many years, district students, teachers, staff, and administrators have worked together with local partners to make the season happier for everyone in the Byron-Bergen area. This year’s Holiday Community Service program collected toys and games, clothing items, rolls of wrapping paper, boxes for wrapping gifts, and over 2,000 non-perishable food items. In addition, close to $4,000 was donated by the faculty, staff, and others in our learning community to purchase gifts for district families in need. Many area businesses also helped out by “adopting” local families and individuals, providing special holiday gifts.

The District partnered with the local Hesperus Lodge No. 837 Free & Accepted Masons, where donated food items were taken for sorting and packing. Organized by Dick Sands, Carol and David Coffta, and the Masons; employees from both the Byron-Bergen Elementary and Jr./Sr. High Schools, Board of Education members, and community volunteers pitched in to help. More school volunteers helped to deliver over 100 food baskets and gifts before the holidays.

“The magic of this special season is the community spirit it inspires in so many of us,” said District Superintendent Mickey Edwards. “I am so proud of the generosity shown by all of the members of our learning community.”

A big part of the program’s success this year was the contribution made by the Varsity Club Holiday Food Drive. Student-athletes from the high school pulled together to collect more than 950 food items—a record amount. The food drive was organized by Varsity Club student officers, combined with hard work provided by the girls and boys basketball teams and the swim team. Team members pooled their competitive spirit to make the challenge more fun: it became a contest, won by the girls basketball team who collected almost 400 items. Varsity team members from all three seasons of sports at Byron-Bergen perform community service throughout the school year, with projects like the annual Lift-a-thon, the Retro Apparel Sale, and the spring Blood Drive. 

Top photo: Volunteers from the Byron-Bergen learning community packed over 100 food baskets and delivered them during the weekend of December 15. 

Students in Ann Marie Starowitz's class at St. Joe's performed a Christmas story play today for the third week of Advent that included students narrating the story of the birth of Jesus and singing Christmas songs for their fellow students.

Photos by Howard Owens. Bottom photo by Ann Marie Starowitz.

Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Frens was in court this morning wearing eyeglasses, a bright purple jacket, black cargo pants, black boots, and when her name was called, she stood unsmiling before Batavia Town Court Judge Michael Cleveland. An associate from the law firm of Friedman & Ranzenhofer, attorney Samuel Alba, accompanied her to the bench.

The prosecution requested and was granted a postponement in the dog neglect case so they could interview an animal control officer. Thus, it's now on the Batavia Town Court calendar for 1 p.m. on Monday, Jan. 28.

Previously, on Oct. 22, the matter was held over so Frens could provide more documentation, ostensibly of her efforts to aid the 3-year-old Labrador retriever mixed breed prior to her arrest by State Police on July 10.

Maya was found by Frens' neighbors across the street from her Pearl Street Road home on July 9. They called the law after discovering the canine standing feebly by the roadside. The neighbors said the dog was extremely dehydrated and malnourished; it drank four bottles of water and ate multiple bowls of food right away. They said the dog's paws were in such bad shape it could barely walk.

Frens, who is in her mid-50s, went to retrieve the animal from the shelter the following day but was arrested instead (mugshot, inset photo). 

Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and uncut nails so long they were cutting into the pads of her paws.

Maya's very poor physical condition was caused by neglect, according to Volunteers for Animals, citing veterinary reports.

Maya was adopted a couple of months ago after vets and the volunteers got her health back on track.

Antwan L. Odom is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Aug. 4 in the area of Ross Street in the City of Batavia that Odom -- with intent to cause serious physical injury to another person -- caused such injury by means of a dangerous instrument -- a knife. In count two, Odom is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a "dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or other dangerous instrument with intent to use the same unlawfully against another."

Michael D. Kopyscianski is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 19 in the Town of Darien that Kopyscianski possessed lysergic acid diethylamide (LSD -- a hallucinogenic drug) with intent to sell it. In counts two and three, respectively, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing alprazolam (the generic of Xanax) and suboxone (treats opioid addiction). In Special Information filed by the District Attorney's Office, Kopyscianski is accused of having been convicted of criminal possession of a controlled substance, 7th, on Jan. 3, 2013, in the City of Saratoga Springs Court and also on May 6, 2005, in City of Newburgh Court.

Jeffrey A. Youngs is indicted for driving while in intoxicated, as a Class E felony. It is alleged that on Oct. 27 Youngs drove a 2003 Toyota on Route 98/Oak Street in the Town and City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In count three, he is accused of the offense of driving across official markings -- a vehicle and traffic violation. In count four, Youngs is accused of consumption or possession of an alcoholic beverage in a motor vehicle on Oct. 27. In Special Information filed by the District Attorney's Office, Youngs is accused of having been convicted by DWI as a misdemeanor on June 12, 2017, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Josh J. Peterman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 28 in the Town of Darien that Peterman drove a 1998 Honda on Park Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In Special Information filed by the District Attorney's Office, Peterman is accused of having been convicted of DWI, per se, as a misdemeanor on June 28, 2012, in City of Binghampton Court and that convicted was within 10 years of the crimes alleged in the current indictment.

A police officer did not violate the rights of a sex offender when he sent a text message to the suspect's mobile phone upon his arrest to confirm the defendant had used the phone to exchange messages with his victim, and unknowingly, with police, an NYS appeals court has ruled.

Patrick M. Hackett, 44 at the time of his arrest, was accused in May 2013 of having sexual intercourse with a teenage girl in Batavia. He was later indicted on a single count of rape, 3rd, for being more than 21 years old and having sexual intercourse with a partner who was less than 17 years of age.

Hacket was convicted by a jury Nov. 13, 2014, and later appealed the use of his text messages as evidence against him, which was instrumental in his conviction.

"Although there is a lack of medical, scientific, or other physical evidence of the crime, the jury saw incriminating text messages from (the) defendant to the victim in which he admitted that he engaged in sexual intercourse with her and professed his love to her," the justices of the Appellate Division, Fourth Judicial Department, wrote in their decision. "In addition, (the) defendant’s trial testimony in which he denied having sexual intercourse with the victim was not credible inasmuch as he provided the jury with improbable explanations for the incriminating text messages."

The charge against Hackett arose after his victim reported the sexual intercourse to police. She cooperated in the investigation and agreed to send Hackett a text message. Once he responded, a police officer used her phone to exchange a series of text messages with Hacket.

When the officer arrested Hackett, the officer used his mobile phone to send a text message to Hackett's phone. Hackett's phone either vibrated or made a noise and the officer could observe that his text message had arrived at the phone. At that time, the officer did not open the phone and view the text messages. A search warrant was later obtained.

In his appeal, Hackett said the text messages should not have been admissible at trial because the officer's actions at the time of arrest, he said, constituted an illegal search and seizure.

Hackett's appeal relied on a 2014 case, Riley v. California. Riley, a Supreme Court ruling, determined that a search warrant, based on probable cause, is required for police to search a suspect's mobile phone.

The appeals court ruled that the Riley case does not prohibit officers from sending text messages to the defendant and making observations of the defendant's phone and that the court in Riley found that officers can observe physical aspects of the phone.

Further, the text message sent by the officer was not part of the police officer's application later for a warrant to search the phone and there was sufficient probable cause to obtain the warrant.

The court also ruled that Hackett received competent representation from his defense attorney at trial, who was successful in suppressing some evidence the prosecution tried to enter into the record.

It also did not violate Hackett's right to a fair trial by allowing testimony about Hackett providing his victim with alcohol prior to their sexual contact, even though he was not indicted on that "bad act." The court ruled the incident helped complete the narrative of events leading up to the crime on the night in question. The court ruled the exclusion of this information would not have changed the outcome of the trial given the overwhelming evidence of Hackett's guilt. Testimony about the drinking, the court ruled, was "harmless."

At the time of his arrest, Hackett was already a registered sex offender. He was convicted in 1993 in Cattaraugus County of kidnapping and rape in the first degree.

On his local conviction, he was sentenced to three and a half year to four years in prison. He is scheduled to be released in November.

Debra Lynn Mattoon, 39, of Batavia-Oakfield Townline Road, Oakfield, is charged with fourth-degree grand larceny, petit larceny and third-degree identity theft. On Dec. 15, following the investigation into a larceny that occured in the City of Batavia at 2:15 p.m. on Dec. 3, Mattoon was arrested on the charges. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. She is due back in city court on Dec. 21. The case was handled by Batavia Police Officer Kevin Forsyth.

Jacob Joseph Camerera, 27, of North Street, Batavia, is charged with criminal possession of stolen property, 4th, after he was allegedly found in possession of a firearm at 8:45 a.m. on Nov. 19 which had previously been reported stolen. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Chad Minuto.

Joseph A. Ciociola Jr., 20, of Pembroke, was arrested at 9:56 a.m. on Dec. 5 by troopers out of SP Batavia and charged with: criminal possession of a weapon, 4th; unlawful possession of marijuana; and possession of a loaded firearm in a motor vehicle; he was also cited with vehicle and traffic violations. Troopers stopped Ciociola on Akron Road in the Town of Pembroke for speeding. While interviewing Ciociola the odor of marijuana was allegedly present. During a probable-cause search of his vehicle, Ciociola was allegedly found to be in possession of marijuana, brass/metal knuckles, and two loaded and chambered firearms. Ciociola was issued appearance tickets and he is scheduled to appear before the Town of Pembroke Court later this month. 

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with two counts of criminal contempt in the first degree. He was arrested on Ellicott Street in Batavia at 3:30 p.m. on Dec. 12 for allegedly violating an order of protection on two different occasions. He was arraigned and jailed without bail and was due in Batavia City Court on Dec. 13. The case was handled by Batavia PoliceOfficer Peter Flanagan, assisted by Sgt. Eric Bolles.

John Albert Snook, 30, of Oak Orchard Road, Albion, is charged with first-degree criminal contempt and unlawful possession of marijuana. At 2:20 a.m. on Dec. 15, Batavia police responded to a Jackson Street apartment for a 9-1-1 hangup call. While on scene, patrols discovered that Snook was on location in violation of a stay-away order of protection; he was also allegedly found to be in possession of marijuana. Snook was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 17). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.

Press release:

U.S. Senate Minority Leader Charles E. Schumer and U.S. Senator Kirsten Gillibrand today announced $4,639,000 in federal funding for six water infrastructure improvement projects across the Rochester-Finger Lakes Region. The funding was provided by the U.S. Department of Agriculture’s (USDA) Rural Development’s Water and Waste Disposal Loans and Grants Program.

Specifically, Schumer and Gillibrand explained, the Town of Alabama in Genesee County will receive: $1,653,000 to create Water District #2 and the Town of Bethany in Genesee County will receive $722,000 to create Water District #4.

The Town of Clarendon in Orleans County will receive $790,000 to create Water District #13 and an additional $790,000 to improve the water improvement benefit area #12, and the Town of Torrey in Yates County will receive $684,000 to create Water District 1, the first municipal water system to serve this area.

“These federal investments in job-creating and economy-boosting water infrastructure projects are great news for the Rochester-Finger Lakes region,” Schumer said. “This federal funding will allow five towns across the region to construct and make critical improvements to municipal water systems needed to provide clean, safe drinking water to their communities.

"I am proud to announce these federal investments and will continue fighting to ensure rural communities across Upstate New York have the resources they need to build, protect and maintain their water infrastructure.”

“All New Yorkers should have access to a reliable source of clean water, and with these grants, communities throughout the Rochester-Finger Lakes region will be able to expand and improve their water systems,” Gillibrand said.

“These investments will help provide safe and clean water for residents in the towns of Alabama, Bethany, Clarendon and Torrey, and I will always fight in the Senate for the resources to protect the health and quality of life for residents.”

Press release:

Le Roy Police Department’s first "Stuff the Cruiser" event this past weekend was a huge success.

On Dec. 16th, Le Roy police along with volunteers from Le Roy Rotary Early Act were stationed outside of Tops Market in Le Roy for the event.

Community members and local business owners donated enough food to fill five police cruisers, totaling almost 3,000 nonperishable food items. In addition to food, gifts cards and cash donations were also received.

All donated items will be distributed to local families in need this holiday season.

Le Roy police would like to thank Tops Market, Le Roy Rotary, Le Roy schools and all of the community and business owners who provided generous donations!

Le Roy police also partnered with Le Roy schools and Dunkin’ Donuts on Saturday, Dec. 15th, where 60 toys were donated, which will be distributed within the community by Le Roy schools. 

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.37, down 5 cents from last week. One year ago, the price was $2.43. The New York State average is $2.70 – down 4 cents from last week. A year ago, the NYS average was $2.63. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.74 (down 7 cents since last week)
• Buffalo -- $2.77 (down 6 cents since last week)
• Ithaca -- $2.55 (down 6 cents since last week)
• Rochester -- $2.67 (down 5 cents since last week)
• Rome -- $2.69 (down 5 cents since last week)
• Syracuse -- $2.58 (down 4 cents since last week)
• Watertown -- $2.84 (down 3 cents since last week)

Press release:

With the holiday season fast approaching the Batavia Police Department would like to take a moment to remind our City's residents to lock their car doors, along with the doors and windows of their residence.

If someone should come to your residence requesting to enter to check your utilities, or to "take a moment of your time" ask to see credentials or identification. Do not let them in your house. If they appear to be overly aggressive, please contact the Batavia Police Department and we will gladly respond.

As we get closer to Christmas, it seems that even the pins have caught on to that “spirit of giving.”

Led by a pair of Mancuso Bowling Center kegler, league high scores around the Genesee Region for the week ending Dec. 16 included three 300 games, an 800 series, a 299 game, two other 11-in-a-row games and a pair of women’s 700 series.

At Mancuso’s in Batavia, Matt Balduf of South Byron notched his seventh USBC-certified 300 game and fourth USBC-certified 800 series with 247-289-300—836 in the Toyota of Batavia Thursday 5-Man League.

The 50-year-old right-hander had eight strikes in the opener, the front 11 in game two before leaving the 6-pin and all 12 in the finale.

Balduf said a couple of errant shots at the end of the first game cost him a chance at the GRUSBC-association record of 858.

“I screwed up in the 9^th and 10^th frames … I broke for seven in the ninth and seven in the 10^th,” said Balduf, a longtime employee of Mitchell Machine in Rochester. “I could have gone out for 280.”

Still, he took over the league high series with the consistent effort on lanes 19-20, which raised his average to 218.

He said he used a Roto-Grip Idol – a ball he just got from a bowling buddy, Ron Brown.

“We talked Ron into buying it but he was having trouble with it, so last Thursday I tried it in the last game and threw 268,” Balduf said. “So Ron said, ‘I can’t seem to throw it, so why don’t you take it, and he gave it to me.”

Two nights earlier, Ron Sprague Jr. of East Bethany had a “career night” with 245-300-202—747 in the Antique World Coed League – his first 300 game and his first 700 series.

“My goal for the night was 600 because I had a bad night the week before,” said Sprague, a righty and once-a-week bowler who entered the session with a 173 average.

He said he finished strong in the opening game and “the strikes just kept rolling in.” But going into the 10^th frame of the second game, nerves set in.

“My legs were shaking,” he said, noting that the last two strikes were of the Brooklyn variety. “Both of them crossed over but the pins went down. Someone was helping me there.”

Sprague, 26, an employee of Lor-Rob Dairy, bowls on the Rolling Thunder team that includes his father, Ron Sr.

Other high rollers for the week:

-- Diane Hurlburt and Michele Larson, who posted 715 and 712 series in the Monday Nite 5 League at Perry Bowling Center and the Synergistic Online Solutions League at Mancuso’s, respectively.

-- Curtis Foss of Medina, with a 300 game and 783 series in the Friday Night Mixers League at Oak Orchard Bowl in Albion.

-- Mike Johnson of Batavia, with a 299 game and 734 series in the Toyota of Batavia League (he is Balduf’s teammate).

-- Brian Weber and John Huntz, who each had 11 in a row in the Monday Night 5 League at Perry Bowling Center. Weber, coming back from an injury, had 279—692 and Huntz posted 295—688.

For a list of scores, click on the Pin Points tab at the top of this page.

A motor-vehicle accident is reported in the area of 8144 Slusser Road, Pembroke.

Unknown injuries but the caller reports hearing somebody yelling for help.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 7:02 p.m.: A deputy on scene hasn't found anything. The caller reported hearing two loud bangs and hearing somebody yelling for help and seeing a car. A chief on scene suggests the vehicle left. Now there's a suggestion to check the creek.

UPDATE 7:07 p.m.: The car is completely submerged under water. The driver is out and soaked. A chief asks for the ETA of the ambulance and says he'll need wetsuits. 

UPDATE 7:17 p.m: The patient is being transported to UMMC for evaluation. He was in the water for about two minutes. No injuries. Vitals within normal limits.

CLARIFICATION: It was the deputy on scene who suggested the car had left the scene after initially not being able to find it.

UPDATE 10:07 p.m.: Submitted photos added.

A hunter is lost in the woods in an area north of Roberts Road and west of Sour Spring Road, Alabama.

The hunter is not injured. He can walk on his own. 

Alabama fire dispatched. East Pembroke fire requested to respond with its ATV.

Mercy EMS dispatched.

UPDATE 1:26 p.m.: The hunter has been located and will be assisted in walking out.

To view 345 W. Main St., please click here for more information and photos.

Cal-Mum's Kyle Wade found his way to the basket as time expired and flipped a layup through the hoop to tie Friday's Oatkan Knights vs. Red Raiders boy's basketball game and send the game to overtime.

In overtime, Le Roy lost 59-54, even though Reece Tresco had a big night, scoring 25 points, including hitting three three-point shots in the fourth quarter and overtime.

Eric Wilson scored 11 points for Cal-Mum.

The boys game was the second half of a doubleheader that included a girls game against Cal-Mum. Click here for coverage.

In other boys basketball on Friday, Prattsburgh beat Notre Dame, 84-74.

To purchase prints (including pictures from the girls game) click here.

The Lady Knights fell to the Cal-Mum Red Raiders in the first game of a rivalry doubleheader in Le Roy on Friday night, 48-42.

The game was tied going into the final minute but Cal-Mum was able to pull ahead to secure the win.

For Cal-Mum, both Elyse Van Auken and Brianna Raniewicz scored 15 points. Baylee Miller scored 10.

For Le Roy, Jillian Curtis scored 12 points and Kiaya Condidorio scored eight.

In other girls basketball games Friday:

• Pembroke beat Byron-Bergen, 45-40;
• Pavilion beat Perry, 45-38. For Pavilion, Lindsay Lowe scored 13 points, Lauren Kingsley, 9, and Aprile Beehler, 8. For Perry, Chelsea Pascoe scored 20 points and had 10 rebounds;
• Elba beat Kendall, 69-22;
• Notre Dame beat Wheatland, 45-30.

There's no report available for Batavia's game.

Le Roy lost the boys' game nightcap. Click here for coverage.

Joe Head performed at the Holland Land Office Museum on Friday night, playing a selection of traditional and contemporary Christmas songs.