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Batavia man charged with hate crime involving alleged verbal attack over sexual orientation

By Howard B. Owens

A 29-year-old Batavia resident has been charged with a hate crime after he allegedly hurled homosexual insults and got into a fight with an acquaintance.

John Gerald Crosby, of Wood Street, Batavia, was charged under section 240.30 (3) of the NYS penal law, which makes it a crime to get into a physical altercation with a person because of the person's real or perceived "race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation."

Aggravated harassment is a Class A misdemeanor with a possible sentence of up to one year in jail.

Deputy Chief Gordon Dibble said according to the report, Crosby's conduct could be described as "direct and in your face and repeated," but declined to provide details citing the ongoing legal process.

"It was pretty intense from what I read in the report," Dibble said. "It's certainly not something somebody should have to put up with."

While hate crime charges in Genesee County are rare, they do happen from time to time, Dibble said.

The incident is alleged to have occurred at 11:45 p.m., April 20, at a location on Lewiston Road, Batavia.

Crosby was arraigned Friday in Town of Batavia Court and released on his own recognizance pending an appearance May 21.

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