The veritable visage of contentment depicted above -- paws tucked snugly in, eyes closed in blissful contemplation -- is a Tracy Avenue denizen of the city named Duster.

His owner, Melissa Barone, says her family thinks Duster busted out of his digs on Thanksgiving Night; his contentment, obviously having waned at some point. Whether this was due to curiousity about delectable aromas of food wafting from homes nearby, general holiday hubbub, or bald opportunism is unknowable.

"He is super friendly, so he most likely will go up to anyone," Barone writes in an email seeking the public's help to locate the missing pet.

In other words, he's not finicky about friends; he welcomes all genuine and genial overtures of bonhomie.

"We miss him lots," Barone writes plaintively.

If you espy Duster, please text Barone at (585) 813-3429.

A winter weather advisory is in effect for Genesee County from 4 a.m. to 6 p.m. Sunday, according to the National Weather Service in Buffalo.

Mixed precipitation is expected, including total snow accumulations of one to two inches, and up to four inches across the northern Finger Lakes, with total ice accumulations of around 1/10th of an inch.

Plan on slippery road conditions. Periods of snow, sleet or freezing rain will result in slippery roads and limited visibilities. Slow down and use caution while driving.

Daniel John Wolfe, 46, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. It is alleged that on Nov. 25 while housed in Genesee County Jail, Wolfe made two phone calls to a protected party in violation of an order of protection. He was arrested on the charge on Nov. 28 and issued an appearance ticket. Wolfe is due in Batavia City Court at 1 p.m. on Dec. 10. The case was investigated by Genesee County Sheriff's Deputy Chad Cummings.

Sean Michael Crowe, 30, of Cook Road, Bergen, is charged with: driving while intoxicated with a BAC of .08 percent or more with a previous conviction within 10 years; DWI with a previous conviction within 10 years; and having an uninspected motor vehicle. Crowe was arrested at 12:59 a.m. Nov. 28 on South Lake Avenue in Bergen following a traffic stop for an uninspected motor vehicle. Crowe is due in Bergen Town Court on Dec. 4. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. Jason Saile.

The DelPlato family has provided us with a new Christmas song: "The Sounds of Christmas," written by Mary DelPlato, performed by Anthony DelPlato, and video submitted by Carmen DelPlato.

Click here to email your resume.

To all of our readers and sponsors: Thank you for your support of The Batavian. Happy Thanksgiving.

Changes in state law about when and how defense attorneys receive evidence in criminal cases are going to create a greater burden on police and drive up costs for the City and the County, members of the City Council were told Monday night.

City Attorney George Van Nest and Police Chief Shawn Heubusch made about a 40-minute presentation on changes to the rules around what is called "discovery" -- the prosecution turning over evidence and information to the defense -- and bail reform.

"What happened is the legislature passed, and the governor signed, a new form of Section 245 of that criminal procedure law," Van Nest said. "What it did is dramatically change the manner in which criminal discovery is handled in New York State effective January 1, 2020."

Under the current system, once a defendant is charged, a defense attorney would file a motion for discovery and the District Attorney would provide information and evidence the DA felt compelled to disclose under criminal procedure law and case law. This would happen over the course of the criminal proceeding including right up to the day of a trial if there was a trial.

The new law requires "automatic discovery" of everything related to the case within 15 days of the arraignment of the defendant. 

This new automatic discovery must include everything related to the case, including all information on witnesses or anybody with information relevant to the case, all written statements, all recordings in police possession or that the police know about, information on all physical evidence, and recordings of relevant 9-1-1 calls and dispatch.

Police officers and detectives will have only days to compile and deliver the evidence and information to the DA's office to give the DA's office time to index and inventory it and prepare it for disclosure to the defendant's attorney.

Both the compressed time frame of gathering and preparing the evidence for dissemination and the greater volume of information and evidence will consume more time for law enforcement and the DA's office.

In the case of traffic tickets -- the city issues about 1,500 a year --  all evidence must be turned over within 24 hours of the issuance of the ticket.

"This increases the workload of our officers and detectives and supervisors and our clerical staff," Heubusch said. "Officers and detective are going to be mandated to complete all paperwork and supporting documentation on a condensed schedule. What that equals is officers may be required to work overtime or maybe taken off of proactive police patrols in our community to make sure that we meet these timeframes so we don't lose any cases."

To help deal with the increased workload, the DA's office is adding another assistant district attorney, another paralegal and a part-time clerk.

Heubusch did not ask for additional personnel in his department but did note that the part-time clerk who handled evidence will now be needed on a full-time basis.

As for bail reform, Heubusch said starting Jan. 1, people accused of misdemeanors or Class E felonies will no longer be arraigned in City Court. The arresting officer, instead, must issue an appearance ticket. The officer must also issue appearance tickets, rather than taking the suspect in for arraignment, for second-degree burglary 2nd and second-degree robbery, all other violent felonies are still eligible for a bail review by a judge.

Types of criminal accusations that will require an appearance ticket include bail jumping, resisting arrest, vehicular assault, menacing, and criminal contempt (unless it's part of a domestic violence case).

Exceptions to the no-bail rules include cases involving members of the same household, a failure to identify oneself properly, a failure to appear in the previous two years, and cases where the defendant could have a driver's license suspended or revoked.

If a judge is going to set bail, the judge must set it as the least restrictive option. In most cases, this means release on own recognizance or release under supervision.

Submitted photos and press release:

A collection of 30 very rare, very early artifacts will be auctioned off this Saturday, Nov. 30, beginning at 10 a.m. at Schultz Auctioneers, 11177 Main St. in Clarence.

The artifacts represent the complete collection of Clovis Artifacts located during a five-year project of excavation by R.M. Gramley, Ph.D., beginning in the late 1980s at the Lamb Site in Darien and have never before been offered for sale. They will be auctioned as a single lot.

Gramley and his group of volunteers were able to catalog three distinct groups of artifacts indicating three different activities. Cluster A produced a group of miscellaneous tools that indicated a habitation area. Another area, designated as cluster B, produced debris fragments from stone tool manufacturing and a third area, cluster C, produced a cache of Clovis points and bifaces.

The Clovis culture is a prehistoric Paleo-American culture named for the distinct stone tools – called Clovis points -- found in close association with Pleistocene fauna at Blackwater Locality No. 1 near Clovis, NM, in the 1920s and 1930s. Clovis points are wholly distinctive. Chipped from jasper, chert, obsidian and other fine, brittle stone, they have a lance-shaped tip and (sometimes) wickedly sharp edges.

Extending from the base toward the tips are shallow, concave grooves called “flutes” that may have helped the points be inserted into spear shafts. Typically about four inches long and a third of an inch thick, they were sleek and often beautifully made. Some believe them to be the first American invention.

Included in the collection – which will be sold as ONE collection – is the only Knife River point found in New York State, as well as two pieces that are the largest Clovis point and knife in New York State.

The Lamb Site near Darien in Genesee County is a late Clovis period site that dates back more than 12,000 years ago. It was used as a habitation site and a stone tool manufacturing and cache site. More information about the collection and the Lamb Site can be found here.

Previews of the auction will take place on Friday, Nov. 29 and Saturday, Nov. 30 from 8 a.m. to 10 a.m. The auction is free and open to the public; reservations are not required. For more information, call 716.759.2260 or visit schultzauctioneers.net for photos and descriptions.

About Schultz Auctioneers

With more than 50 years’ experience, Kelly Schultz is Western New York’s acknowledged authority on antiques, collectibles and fine arts. As founder of Antique World and Flea Market, he has created one of the largest antique centers in Western New York, with over 200 dealers and five shops open daily. Kelly travels from coast to coast and internationally, procuring antiques, oriental rugs, fine furniture and rare, unusual items, creating one of the finest antique galleries in the country. In 2003, Kelly’s son, Ben, received his auctioneer license and has been working alongside Kelly for many years. For more information, visit www.schultzauctioneers.net

This home offers so much for someone looking for room to spread out. Large rooms, high ceilings, big bedrooms, tons of storage, two living rooms, gorgeous woodwork, hardwood floors and some of the County’s best farm land!

This property goes all the way over to East Road with frontage there as well – you could parcel off and sell or build your other dream home! So many possibilities—and all very well kept and lovingly cared for, definitely worth a look! Click here for more information on this listing.

There is a potential plea offer pending for Guillermo J. Torres-Acevedo, the 23-year-old Batavia man facing 10 criminal charges locally for allegedly having sex with an underage girl and taking her to Pennsylvania, his attorney told Judge Charles Zambito in County Court today. 

Attorney Thomas Burns asked for time to go over the terms of the plea offer from First Assistant District Attorney Melissa Cianfrini and also confer with Torres-Acevedo's attorney representing him in Federal Court on charges stemming from some of the same incidents.

Zambito deferred the case until 11:30 a.m., Dec. 6.

Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

In Federal Court, he is charged with transporting a minor across state lines for sexual activity. 

Authorities allege that in September, October, and November of last year, Torres-Acevedo engaged in sex acts with a teenage girl and then took her across state lines. He was eventually located with the girl in a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Neither Burns nor Cianfrini revealed in open court the terms of the potential plea agreement nor was there any mention of whether Torres-Acevedo has an opportunity for a plea agreement in Federal Court.

The defendant is currently being held in the Genesee County jail.

Press release:

The Genesee County Economic Development Center (GCEDC) recently participated in Semicon Europa, the largest European semiconductor industry event connecting leaders across the advanced manufacturing world and related supply chains. 

Director of Marketing and Communications Jim Krencik represented the GCEDC and the Western New York Science & Technology Advanced Manufacturing Park (WNY STAMP) at the event, which was held in Munich, Germany Nov. 12^th through Nov. 15^th.

More than 8,000 industry professionals participated in the conference. Krencik participated in the event as part of the New York Love Nanotech pavilion, which included representatives from Empire State Development’s Strategic Business Division, SUNY POLY/NY CREATES, AIM Photonics, site developers, and New York-based supply chain companies, with the support of National Grid.

While connecting with representatives of semiconductor industry companies from North America, Europe, and Asia, Krencik was able to tout many of WNY STAMP’s assets, such as low-cost hydropower, site infrastructure development, and the availability of top-end talent in the region.

“New York State has proven to be an ideal location for the industries represented at Semicon Europa,” Krencik said. “The assets available at Western New York Science & Technology Advanced Manufacturing Park provide a ready source for the growth of the semiconductor industry and advanced manufacturing in our region.”

Located in Alabama, Genesee County, WNY STAMP is a 1,250-acre campus connecting New York’s second- and third-largest metropolitan areas, and developed to best serve the needs of advanced manufacturing projects. Ongoing site development will enable WNY STAMP to achieve full capabilities of 485-megawatts electric capacity and 11-million gallons per day of water capacity.

Press release:

Standing at Gina and Terry Miller’s Organic Hemp Farm in Albion, U.S. Senator Charles E. Schumer, flanked by farmers and industry experts, today called on the United States Department of Agriculture (USDA) to extend the comment period for a proposed interim final rule that presents a number of potential problems and challenges to the rapidly emerging and growing industrial hemp industry in Orleans County, Genesee County and throughout the Rochester-Finger Lakes Region.

Schumer urged the USDA to listen to these concerns from growers and producers and to make improvements to the final rule. Last month, he visited the Mills Family Farm on Ham Road in Basom to get input from local farmers.

Specifically, Schumer expressed his concern over USDA’s proposed "Establishment of a Domestic Hemp Production Program," which was published on Oct. 31^st of this year. Schumer explained that he’s been approached by farmers, producers and stakeholders from across the Rochester-Finger Lakes Region who have concerns that the proposed regulations regarding the sampling and testing of hemp are imprecise, not fully reflective of farmers’ challenges, and could have a seriously negative impact on the fledgling industry, stunting growth and the creation of good-paying jobs.

Industrial hemp is a type of cannabis plant that is grown largely for industrial uses, but it can also be used for food, oil, and cosmetic products.

Schumer argued that given the new nature of this industry and the economic potential it holds, USDA should extend the comment period for the "Establishment of a Domestic Hemp Production Program" interim final rule, and improve the regulations, to ensure that farmers and the public have ample time to submit comments to help guide the best possible final rule for establishing the hemp program.

“When it comes to an industry as promising as industrial hemp in the Rochester-Finger Lakes Region, the feds need to get it right the first time, and not rush to any reckless regulatory decisions. Regulating this rapidly-emerging industry is a must, but any rules must be part of a well-thought-out process that carefully considers the needs of all stakeholders—from farmers and growers to producers and manufacturers,” Senator Schumer said.

“That’s why today I’m urging USDA to extend the comment period for its proposed final rule on hemp production to ensure that farmers, growers and producers have ample time to provide input and have their concerns listened to and that a meaningful part of these concerns is integrated into the final rule.

"These hemp experts have serious fears about how this proposed rulemaking could impose unrealistic or poorly thought out rules, restrict their industry, cut-off growth and stop the creation of good-paying jobs. So, it is incumbent on USDA, the chief agricultural regulators in the United States, to hear them out and make improvements to the final regulations that are balanced and smart.”

Schumer explained that the proposed rule, which is a necessary step to support domestic industrial hemp production, potentially includes regulations that could have harmful effects on hemp production in Upstate New York and the entire nation. The comment period for the proposed "Establishment of a Domestic Hemp Production Program" began on Oct. 31 and is set to end on Dec. 31^st of this year.

However, Schumer argued, with stakeholders having such serious and valid concerns about the rule, it is critical that they have adequate time to submit their comments on it. Therefore, Schumer strongly urged USDA to extend the public comment period by 60 days, so that growers and producers have ample time to make their case—and so it can be thoroughly reviewed and analyzed to best address the concerns of hemp producers throughout Upstate New York.

Schumer pointed to a few provisions under the proposed "Establishment of a Domestic Hemp Production Program" final rule that farmers and producers have expressed their concerns over, specifically related to the timeframe for sampling and testing of industrial hemp, the lack of available places to do this testing, the guidelines for THC level testing, and the restrictiveness for retesting if the threshold for THC exceeds allowable levels.

For example, under the rule, producers would have a 15-day timeframe for the harvesting, sampling and testing of crops. However, Schumer explained, since this testing typically takes 5-6 business days alone, the proposed final rule creates a tight turnaround and affords farmers very little leeway in the prescribed timeline.

Furthermore, Schumer explained the short 15-day window may be further hindered by the potential scarcity of DEA-registered laboratories in state, to perform testing in a timely manner. Additionally, Schumer said the current draft regulations do not afford any provisions for growers to salvage or retest crops that initial tests exceed the established .03 THC threshold. Crop insurance, which is often difficult to procure, still affords no protections for most farmers in these circumstances.

Other concerns highlighted by Schumer pertain to the sampling methodology to determine accurate THC levels.

Hemp contains a very small amount, typically between 0.2 and 0.3 percent of tetrahydrocannabinol (THC), and while from the same species of plant as marijuana, it has varied widely in use. However, due to the existence of THC in hemp, Schumer explained, both plants were considered “controlled substances” under federal law, meaning the U.S. Drug Enforcement Administration (DEA) was the primary regulator for hemp production.

Schumer argued that this narrow view has undermined the crop’s agricultural and economic potential. With the Hemp Farming Act of 2018 passed by Congress and signed into law last year, this unnecessary roadblock has been lifted, and industrial hemp’s significant potential to become a cash crop in Upstate New York will be unleashed.

The Schumer-backed Hemp Farming Act of 2018 was introduced by Majority Leader Mitch McConnell (R-KY), Sens. Rand Paul (R-KY), Jeff Merkley (D-OR) and Ron Wyden (D-OR). It passed and was signed into law as part of the 2018 Farm Bill.

This legislation:

• Removed industrial hemp from Schedule 1 of the Controlled Substances Act;
• Empowered states to be the principal regulators of hemp;
• Allowed hemp researchers to apply for competitive grants from the U.S. Department of Agriculture (USDA); and
• Made hemp farmers eligible to apply for crop insurance.

A motor-vehicle accident is reported in the city at 6 Chase Park. A person was reportedly unresponsive but is now conscious. City fire, police and Mercy medics are responding. The location is between Vine and Elm streets.

UPDATE 1:02 p.m.: The female driver and sole occupant is being transported to UMMC for evaluation. Her vehicle struck an unoccupied parked car. It appears she was driving very slowly at the time of impact as little damage whatsover is observable to the vehicles. Sgt. Dan Coffey said charges are likely.

From Uber New York:

Earlier this week Mothers Against Drunk Driving (MADD) and Uber announced a joint effort to combat drunk driving on Thanksgiving Eve by offering free rides across Upstate New York, including Genesee County.

Tonight is Thanksgiving Eve, which has also been called “Blackout Wednesday,” because it's one of the busiest drinking nights of the year and the beginning of the holiday season, when there is an increase in instances of impaired driving.

All New York State residents outside of New York City and visitors can enter the promo code  SAFERIDENY19  into the Uber app by navigating to the menu, tapping Payment, and then Add Promo.

This will unlock a free ride up to $10 for people in Upstate New York (and elsewhere in the state outside of New York City) on Thanksgiving Eve. The free rides are available between 9 p.m. tonight (Nov.27) and 3 a.m. on Thursday, Nov. 28th.

“The holiday season is a special time for joy and togetherness, but it’s also one of the most dangerous times of the year on the road because of the increased frequency of drunk driving,” said Richard Mallow, executive director of MADD. “By providing a reliable ride at the push of a button — no matter the time or place — Uber is helping people make better, safer choices.”

“When empowered with access to more transportation options through Uber, people are making responsible choices that result in fewer alcohol-related crashes,” said Chad Dobbs, general manager, Uber New York. “By continuing to work with local leaders and MADD, we can help make New York’s streets safer. We hope that residents decide to leave their cars at home on Wednesday and use options like Uber to get around.”

An independent study conducted by Temple University found that Uber’s entrance into various cities in California resulted in a 5 percent decrease in the number of people killed in alcohol-related car crashes. Uber also surveyed its U.S. rider base, and respondents told us Uber has helped them make safe decisions to get home. 

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Uber is proud to be selected as the official Designated Driving App of Mothers Against Drunk Driving. To learn more about our partnership, visit our website.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

This Thanksgiving Weekend, millions will hit the roads eager to spend time with family and friends. It’s one of the busiest travel times of the year, and unfortunately more people on the roadways means the potential for more vehicle crashes.

In a combined effort to stop impaired driving, prevent injuries and save lives law enforcement officers across New York State will take to the roads. The statewide STOP-DWI Crackdown efforts start on Nov. 27^th and will end on Dec. 1^st.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

The STOP-DWI Thanksgiving Weekend Crackdown is one of many statewide enforcement initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee. Throughout the remainder of the year the statewide STOP-DWI Crackdown Campaign will also target the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

You can help to make a difference by having a sober plan! Download our mobile app – “Have a Plan” and you will always be able to find a safe ride home.

Impaired driving is completely preventable. All it takes is a little planning. Have a safe and happy Thanksgiving Weekend!

Justin P. McGirr, 37, of Ross Street, Batavia, and Jeremiah T. Jones, no age or address provided, are charged with disorderly conduct by way of fighting/violent behavior. They were arrested on Ross Street at 1:07 p.m. on Nov. 23 after Batavia police allegedly observed them fighting. Both were issued appearance tickets and are due in Batavia City Court on Dec. 3. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

(name redacted upon request), 28, of Hall Street, Batavia, is charged with criminal obstruction of breathing, third-degree assault and unlawful imprisonment. Batavia Police Officer Peter Post arrested xxx on the charges at 3:30 p.m. on Nov. 21 on Hall Street following a domestic dispute. He was arraigned in Batavia City Court and released under supervision. xxx is due to return to court on Dec. 4. Officer Peter Flanagan assisted in the arrest.

Katrina Lynn Drake, 29, of Locust Street, Lockport, is charged with fourth-degree criminal mischief. Drake was arrested after a domestic incident that occurred at 2:20 a.m. on Nov. 21 on Maple Street in Batavia. Drake allegedly damaged property. She is due in Batavia City Court on Dec. 5. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Peter Post.

Susan Marie Devault, 49, of North Main Street, Holley, is charged with petit larceny. She was arrested on Nov. 25. She is accused of stealing a carton of cigarettes at a store on Bloomingdale Road on the Tonawanda Indian Reservation at 9:92 p.m. on Nov. 17. She was issued an appearance ticket for Dec. 11 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Sgt. Ronald Meides.

Matthew J. Florian, 31, of Pratt Road, Batavia, is charged with failure to appear. He was arrested Nov. 21 on a bench warrant out of Batavia City Court for failing to appear as scheduled on July 23. He was released on his own recognizance. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.