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Law and Order: Charge upgraded against Oakfield resident in tree cutting incident

James Herbert Manes, 77, of Sunset Parkway, Oakfield, is charged with criminal mischief, 4th. Manes allegedly stood on a shed in his yard and used a saw to cut branches from a tree in his neighbor's yard. Manes was previously charged with trespass in the incident. He was arraigned in Town of Oakfield Court on Monday night on the upgraded charge.

Alfredo Jalowayski, 52, of Saint Paul Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding (43 in a 30 mph zone) and no or inadequate exhaust. Jalowayski was stopped at 6:25 p.m. Tuesday on Main Street, Village of Oakfield, by Deputy Patrick Reeves. 

Gregory John Richenberg, 56, of South Holley Road, Holley, and Jeremy John Richenberg, 34, of Fancher Road, Albion, are charged with trespass. The two men were allegedly on property in Byron owned by a family member after being advised by the propery owner to stay off the property.

Jeff Allen
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Wrongdoing aside, I hope I can climb up on a shed, hold a saw, and cut branches at 77 yrs. old. Just my own that is.

Dave Olsen
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400 untaxed cigarettes? That's 2 cartons. Wow, got a big time trafficker there.

Jason Crater
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Does that just mean he bought 2 cartons at the res? That's illegal?

Ed Hartgrove
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Dave, I hope you don't take this as being contentious, but the post said "more than" 400.
I believe, by law, that you are allowed possession of (up to) 400 untaxed cigs/per adult present (in a vehicle, walking down the road, whatever). Or, at least, that's what I've always heard.
So, if there had been 'enough' passengers in his vehicle, he'd have been good to go (except for the speeding, of course).

And, if I'm not mistaken, wasn't that the "speed trap" that you and I discussed last year?

Dave Olsen
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You are right, it does say "more than" that does make a difference and yes there is a speed trap on Rt 63 on the south end of Oakfield - been there since I started driving (1975) but I don't know where on 63 they got him specifically.

I was thinking at first - don't they teach these guys in smuggler school to stay under the speed limit and make sure your vehicle is in good working order, so as not to call attention to yourself? Guess not.

The real argument here, if you want one Ed is does the state of NY have the right to demand that all cigarettes be taxed? I say no.

Ed Hartgrove
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Nope. Definitely wasn't looking for an arguement, Dave.
As for whether NY has the "right to demand that all cigarettes be taxed", I couldn't say. I'm sure there's more than one law in NY that I'd disagree with, but, if they're 'on the books', then it's up to the individual to figure out whether it's worth it to break it.

On a Wayne county website ( http://www.waynetimes.com/uncategorized/two-nabbed-distributing-indian-r... ), I did find this sentence: "A buyer of Indian Reservation cigarettes is allowed to purchase two cartons per visit."
But, that's only what some reporter stated. It didn't come out of Albany, per se.

Luv the 'smugglers school' reference. As for what they're taught there, I'm gonna guess it probably goes something like, "Now, Mishesh, it will cost you 40 American dollars to travel to the Rez, so if you come back with less than 50 cartons, you will be losing money".

Somewhere (maybe I dreamt it?) I was getting cigs for the whole family. Well, the 'me' in the dream always bought 2 cartons (with the receipt for same), and threw those on the front seat. Any extra cartons were purchased seperately, and thrown in the trunk. Like the saying goes, "Out of sight, out of probable cause".
Boy, dreams can seem SO real sometimes - especially the re-occuring ones.

Doug Yeomans
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People don't know what to say when a cop pulls them over. When they ask where you're coming from, you don't have to tell them anything.It's none of their business, really. They're just fishing and want to hear your tone and if you're being deceptive, like you have something to hide. It's their job..it's what they do every day. When they ask you where you're coming from, you don't have to say "the rez", because the first thing they're gonna ask you is if you bought any cigarettes. Remember, it's none of their business where you've been or where you're going. When they ask you where you're coming from, just say something like: "am I getting a ticket, sir/ma'am?" Be polite and smile. They're just doing their job, so don't incriminate yourself.

Raymond Richardson
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Doug, another reason to not say much during a traffic stop is not all people know that anything they do say, will be quoted in the officer's supporting deposition and will be used against you if you want a trial.

My mother got nailed in Indian Springs on 77, doing 60 in the 40, and her statements she made to the cop were included in his supporting deposition.

Ed Hartgrove
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You're right, Doug.
When you get pulled over, you usually have a minute or two to get your 'papers' ready ( license, registration, insurance). The officer is probably running your plate #.
Roll your window down and stick your arm out, papers in hand.
When the officer finally sidles up and says, "Good morning", look him (her) straight in the eye and say, "JUST GIVE ME THE TICKET, BEE-OTCH".
That way, you have eliminated any small talk, and you can remove the barbs from the taser at your leisure.

Or so I've been told.

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