Kevin J. Keenan, program coordinator Smoke Free Now in Genesee County, sent along this news release today.

On Thursday, State Health Commissioner Richard F. Daines, M.D., urged New Yorkers to quit smoking rather than pay the additional $1.60 per pack state cigarette tax increase that takes effect today.

With the increase in effect, the tax on a pack of cigarettes will rise to $4.35 per pack and $5.85 a pack in New York City – the highest cigarette taxes in the nation.

This tax continues New York's national leadership in the fight against tobacco use, the No. 1 cause of preventable death in the United States. A pack of cigarettes will now cost more than $10 in New York City and more than $8 across the rest of the State.

"This tax increase should be the motivation smokers need to give up this deadly addiction for good," Commissioner Daines said. "The health benefits of quitting smoking are undeniable.

"Smokers who quit are at a lower risk of developing smoking-related heart disease and suffering from strokes, cancer and emphysema. If you smoke, now is the time to talk to your doctor or call the New York State Smokers' Quitline."

The Quitline offers free services to help people stop smoking, including nicotine patches, coaching, quit plans, information and free online help. To access the Quitline, call 1-866-NY-QUITS (1-866-697-8487) or visit www.nysmokefree.com.

Taxes will also increase for other tobacco products, such as smokeless tobacco products and cigars, from 46 percent to 75 percent of the wholesale price.

Increases in tobacco taxes are expected to prevent 170,500 New York kids from becoming smokers, motivate 86,100 adult smokers to quit and save 77,000 New Yorkers from premature, smoking-related deaths.

The increased tax will also save $4.8 billion in future health care costs and raise $290 million in 2010-11 in state revenues.

"This is a win-win for the health of New York State," Daines said. "Fewer adults and children will use deadly tobacco products and the state will generate revenues to help sustain important programs and services."

"Smoking is not a habit," said Jeffrey Willett, director of the state's Tobacco Control Program. "It's an addiction, and it's hard to quit. The State Health Department's Smokers' Quitline provides free services that increase the likelihood that a smoker will quit for good."

Smoking Facts

• On average, smokers die 14 years younger than non-smokers.
• Smoking increases a person's risk of heart disease, stroke, lung cancer and other cancers.
• Secondhand smoke also causes heart disease and cancer, and contributes to asthma and other respiratory illness.
• Infants with a parent who smokes are more likely to die from Sudden Infant Death Syndrome.
• Babies and children who are exposed to secondhand smoke are more likely to have asthma, bronchitis, ear infections and pneumonia.
• Smokers who quit rapidly lower their risk of heart disease and stroke, and steadily reduce their risk of lung cancer.

Tips on Quitting

• Set a quit date and mark it on your calendar. Get rid of ashtrays, lighters and cigarettes.
• Visit your doctor for support and advice with your quit plan.
• Make a list of reasons why you want to quit.
• Make a list of family and friends who will support you.
• Avoid triggers, including alcohol, caffeine and other smokers.
• Exercise to relieve stress, and to improve your mood and health.
• Consider using a safe nicotine alternative such as replacement patches, gum or lozenges.

For help quitting smoking call the New York State Smokers' Quitline at 1-866-NY-QUITS (1-866-697-8487) or visit <www.nysmokefree.com>.

UPDATED at 6:51 p.m. to expand a couple of quotes.

After a lengthy speech about the difficulty of finding a proper sentence for 48-year-old Scott F. Doll, convicted of killing Joseph Benaquist, Judge Robert C. Noonan imposed a 15 years to life sentence on the former corrections officer.

Noonan noted that Doll, who has no prior criminal record, is nearing 50 and that a 25-to-life sentence would probably mean Doll would die an old man in prison. He said he weighed that against the same sentence he might give to a much younger convicted murderer with a lengthy criminal record, and that man would be getting out of prison at age 50.

"I can't justify that in my mind," Noonan said. "Why would I permit a sentence on somebody who was a criminal before the act to look towards freedom in their later years and have somebody who was a 25-year corrections officer be denied parole because of the sentence I impose?"

Doll's attorney, Paul Cambria, said he thought the sentence was appropriate and praised Noonan's deliberative process throughout the trial.

"Judge Noonan displayed a tremendous amount of conscientious thought throughout the case and you can’t ask for more than that from a judge," Cambria said. "It was actually a pleasure trying a case here."

District Attorney Lawrence Friedman said he believes Doll should be spending the rest of his life in prison.

"We’re advocates," Friedman said. "We’ve always believe in our side of the case and the position we take, just as I’m sure the defense does, but the judge as he indicated has a very difficult decision in case like this. I respect that and understand it."

Joe Benaquist's girlfriend, Judy Scott, also made a brief statement after the court hearing: "I wish it was life without parole. That’s what Joe got. It wasn’t enough, but I trust the judge and how he made his decision and how he came to his conclusions -- we honor that, but I wish Joe got the same option."

Judy Scott, Joe's son Michael Benaquist and Joe's sister Joanna Benaquist all made statements prior to sentencing.

Joe's sister broke down crying while reading her statement and a friend finished for her.

"It was a senseless murder -- over a car," Joanna said. "Now I know what other people go through. I‘m not the same person any more. I have so much hate in my heart."

Each of the attorneys also had an opportunity to tell Noonan what they thought was an appropriate sentence.

Friedman asked for the maximum sentence available, 25 years to life.

"He has shown he is worse than those he guarded as a corrections officer, and for what? It was all for money," Friedman said. "He has shown no remorse, no acceptance of responsibility."

Paul Cambria said he still believes Scott Doll is innocent and didn't ask for a specific sentence, but acknowledged that Noonan was bound by the verdict to pronounce a sentence.

"I still have faith in system and faith in the appellate system and I believe the appellate division will right this wrong that has occurred here," Cambria said.

For his part, when it came his turn to speak, a bearded Scott Doll proclaimed his innocence, while lashing out at the newspaper for not printing, according to him, crucial evidence in the case, at the Sheriff's Office for allegedly changing reports, and at the District Attorney, turning to him at one point, and raising his voice, accusing him of manipulating the system to get a conviction.

“I’m sickened of the fact that one person could have control of the outcome of a case like this, who can control a newspaper, who can put out whatever he wants to, who can have the Sheriff’s all change their reports, that to me shouldn’t even be legal,” said Doll.

“I didn’t commit this murder," He added.

“I can’t believe it is all over somebody putting a feather in their cap, to make a name for yourself to beat Mr. Paul Cambria. Well, I hope the feather in your cap is worth my life because I didn’t do this. I hope the newspaper also reports the fact that you could have crucial evidence that I didn’t do this and that there was evidence of somebody else being there."

After court, Cambria reiterated his intention to appeal the conviction and seek a new trial.

"There was a ruling here basically breaking new ground when the judge found a so-called emergency exception to the right to counsel," Cambria said. "It has not ever been in the law previously. It seems to me this is the kind of case where the appellate division would give it a strong look and we're quite confident they're going to reverse it and we will (try the case) again."

For full audio coverage, visit WBTA's story.

Gary Draper, known throughout the community for his efforts to raise money for the American Diabetes Association while riding his three-wheel bike around Genesee County, will be arraigned this morning on felony sexual abuse charges.

Draper was arrested on a warrant yesterday following a Batavia Police Department investigation.

Det.Todd Crossett stressed this morning that none of Drapers alleged victims were children he met while fundraising. Two of children, between ages 9 and 12, were family members and a third was a family friend.

"We believe he victimizes those he has easy access to," Crossett said.

Draper is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

He is accused of abusing the children between August 2008 and May 2009.

Draper has no prior criminal record.

Since 1995, Draper has been riding a bike around Genesee County and into Wyoming, Orleans and Erie counties, to raise money for the American Diabetes Association. In April, he told The Batavian he had raised more than $110,000.

UPDATE: Draper was arraigned this morning. Since he was just arrested, he initially did not have an attorney. After he was handed a copy of the Grand Jury indictment, he told Judge Robert Noonan that he couldn't read. Noonan immediately assigned Jerry Ader,  from the public defender's office, to represent him. After a recess, Draper entered a not guilty please and bail was set at $25,000.

(initial report)

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

An airplane engine is reportedly on fire at the Genesee County Airport.

The plane is on the ground.

Town of Batavia Fire is responding.

It's on the east runway.

UPDATE 9:47 p.m.: Engine 24 to proceed emergency, all other Town of Batavia units, non-emergency. Mercy EMS requested to the scene for victim with burn to his hands.

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A Town of Batavia resident is accused of sexually abusing children in the City of Batavia.

Gary E. Draper, 57, of 9175 Batavia-Stafford Townline Road, Batavia, is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

Draper was arrested on a warrant following an investigation by Batavia detectives.

He is accused of sexually abusing children from August 2008 and May 2009.

Draper was placed in Genesee County Jail without bail, awaiting arraignment in County Court on Friday.

Bonnie Battaglia and John Quincey of Oliver's Candie's on West Main Street stand in the store with a certificate and flag that flew over Afghanistan.

The flag was presented to Oliver's by Bonnie's nephew, Matthew Graber, who was an Army Ranger in Afghanistan. It was a "thank you" for all the candy Oliver's sent to Graber and his comrades while serving in Afghanistan.

Graber is the son of Gary and Linda Graber of Darien and Shirley and Fred Ingles of Warsaw. He's currently stationed in South Africa.

The flag will fly over Oliver's on Fourth of July weekend.

"We're proud of the troops," Quincey said. "We're proud of what they do, so we're happy to support them."

An unknown odor has been reported in the area of the loading dock of Walmart, 4133 Veterans Memorial Drive, Batavia.

The odor has apparently caused some nausea.

Town of Batavia Fire has been dispatched.

Personnel at Walmart declined an ambulance response, but a Town of Batavia chief requested Mercy EMS respond non-emergency.

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County government's aging phone system is on the fritz today.

The trouble started yesterday afternoon and may last through the weekend.

Calls to the main county building may not get through while the county's IT personnel and consultants try to figure out exactly what is causing the infrastructure to fail.

The phone problems have caused a few difficulties for emergency dispatchers, but the 9-1-1 system still works.

"We want our citizens to know our 9-1-1 system is still functioning," said County Manager Jay Gsell. "The Sheriff's Office is still out there and still able to take calls."

Getting calls through to other county departments, however, may be more difficult.

Gsell has no idea when the problem will be identified and fixed.

The phone system failure highlights the need for the county to upgrade its system.

On June 23, the County Legislature approved a $241,000 expenditure to replace lines and phone equipment at County Building #2 and other county buildings.

The current system is seven to 10 years old.

"That doesn't seem like a lot of time, but in today's communications environment, that's ancient," Gsell said.

A 26-year-old woman from Le Roy was charged with felony DWI last night after her car was destroyed by a train at the crossing on Caswell Road, Byron.

Jennifer Coombs was reportedly driving her 2002 Mercedes when it got hung up on the tracks.

A train struck and destroyed the car about 10:02 p.m. and Coombs and two passengers allegedly fled the scene.

Coombs was located by Sgt. Greg Walker a short distance from the scene.

She was also charged with unsafe lane change, unsafe tires and felony driving with a BAC of .08 or greater.

(initial report)

Andrew Moss, a 24-year-old, second-year pro from Piedmont, Mo., dazzled at Dwyer Stadium tonight.

Moss went seven innings -- the typical NY-Penn League starter is pulled after five innings -- and surrendered not a single hit, and of course, no runs.

The Muckdogs notched a 3-0 victory, with Jose Rada tossing two scoreless innings, giving up one hit, and picking up his second save of the season.

Moss (2-1) lowered his ERA to 1.69.

Joe Bergman, 22 and in his first pro season, picked up two hits. The second baseman is now hitting .394.

Catcher Luis Miguel De La Cruz, a fourth-year pro from the Dominican Republic, and in his second tour with Batavia, homered and picked up two RBIs on two hits.

The Muckdogs are now 6-7 and open a three-game series against Auburn, also 6-7, on Thursday.

There is no home game on July 4, but there will be fireworks following the games on Friday and Saturday nights.

A train has reportedly hit a car at the railroad crossing on Caswell Road in Byron.

Byron and South Byron and Mercy EMS have been dispatched.

UPDATE 10:10 p.m.: CSX officials believe the car was unoccupied; however, the South Byron chief has asked an assistant chief to check the other side of tracks (than what he's on) for two young girls.

UPDATE 10:12 p.m.: An engineer reports seeing the two people running south on Caswell.

UPDATE 10:17 p.m.: A deputy has detained one female.

UPDATE 10:19 p.m.: The engineer saw two young women standing near the tracks. One had long blond hair and the other didn't. The deputy has detained the one who doesn't. The car is registered to an address in Monroe County.

UPDATE 10:32 p.m.: Byron back in service.

UPDATE 10:37 p.m.: The second occupent has been located, and a third occupent has been identified and found.

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If you noticed the bright red trucks of Scalia's Landscaping around Latina's today, don't get your hopes up that purported property owner Tom Lewin of Buffalo has suddenly taken responsibility for the rotting hulk of a former supermarket.

Scalia's was hired by the city after LKLWL Properties allegedly failed to comply with a code violation posted on the building on June 24.

LKLWL Properties will be billed for the clean up -- which included weed abatement and hosing down the sidewalks, which were covered with gull poop, along with a $250 fine.

The city took the same enforcement action against LKLWL Properties last year. The city is also working on a court case alledging that the hundreds of gulls nesting on the roof of the former Latina's Food Store are creating an "unsanitary condition."

Neither court nor city officials were able to say today when that case might be heard in Batavia City Court.

For previous coverage, click here.

Whether the Suzanne Corona case will lead to a constitutional challenge to New York's adultery law is not a given, according to her new attorney Brian P. Degnan.

After Corona appeared in Judge Michael Delplato's courtroom for the first time today after selecting Degnan to represent her (Degnan is the son-in-law of the original judge on the case, Robert Balbick), Degnan told reporters that he wants to examine a plea offer from the District Attorney's office and decide how to proceed from there.

"We have not reached a deposition in this case and I'm interested in whatever would enable my client to get the best disposition in her best interest at this time," Degnan said when asked whether he would persue a constitutional challenge to the adultery law.

He called the law bizarre and unusual, noting that it has been prosecuted only 13 times in New York since 1970.

Degnan would not discuss the specifics of the plea offer.

Even if the adultery charge were dropped, attorneys have told The Batavian on background that Corona, merely because she has been charged with the crime, could seek judicial review of the statute.

Today, in her second court appearance on the case, Cornona did not enter a plea to the adultery or public lewdness charges.

A hearing was set for Aug. 18, where Corona could either agree to any plea deal still on the table, or Degnan could begin filing pre-trial motions.

In court, Degnan said he may file a motion for the prosecution to produce any additional evidence it may not yet have turned over in the case. Degnan said the main issue is, he doesn't know whether there are recordings available of any 9-1-1 calls.

"I need to have all of the evidence before me so I can advise my client of the best avenue to take," Degnan later told reporters.

Corona, 41, is accused of engaging in a public sex act in Farrall Park in early June with Justin Amend, 29, of Oakfield.

Amend did not appear in court this morning, but his attorney did and said he's seeking a plea offer from the District Attorney's office.

Police have been dispatched to a "public lewdness" complaint on West Main Street.

A man is reportedly mowing his lawn in the buff.

Accused of arson and attempted murder, Rochester resident Andre L. Scott, 30, will take his case to trial Aug. 23.

Today was the plea-cutoff date. Scott's attorney, Thomas Burns, said his client is well aware of Judge Robert C. Noonan's strict deadlines for plea deals but still rejected a plea offer by District Attorney Lawrence Friedman.

Friedman offered to reduce the charge to attempted arson, 2nd, a Class C felony with no sentence conditions.

Noonan also confirmed today that he denied defense motions to suppress some evidence gathered by Batavia Police detectives.

In his written ruling, Noonan wrote, "The Court therefore finds that, although the parole officers were cooperating with police investigating an arson, they were not acting solely on behalf of the police when seizing the defendant's cell phones and saliva samples."

Burns had argued that a search of Scott, his car and apartment were conducted at behest of the police and some of the parole officers' actions -- such as how the saliva samples were gathered -- were done entirely in the furtherance of the police investigation and not part of the functions of parole officers.

Scott is accused of starting a fire at 12 Elm St., Batavia, on Jan. 12, 2009, in an alleged attempt to kill the father of his recently estranged girlfriend.

For previous coverage, click here.

The attorney for Justin Amend, charged with public lewdness for his alleged part in a public sex act, plans to ask the District Attorney for a plea deal.

The 29-year-old Amend, of Oakfield, wasn't in court today, and his case was continued to July 27, giving attorney Tom Williams time to discuss the case with the DA's office.

Public lewdness is a Class B misdemeanor. It is the only charge Amend is facing from the alleged early June encounter in Farrall Park, Batavia, with alleged partner Suzanne Corona, so it wouldn't seem there is much room to bargain.

Williams said he didn't want to speak for the DA, but he mentioned as an example, the charge could be reduced to disorderly conduct.

"It's a B misdemeanor," Williams added. "It's less serious than stealing a candy bar. You can get a year in jail for stealing a candy bar. You only can only get 90 days for this."

If a deal isn't struck, Williams said, then the July 27 court date will be used for filing motions in preparation for a possible trial.

Corona, who is also charged with adultery, is scheduled to appear in court at 1 p.m. today.

The case has brought an international spotlight to Batavia because the adultery charge is so unusual.

Television camera crews from Rochester were on hand for Amend's hearing this morning.

A motor vehicle accident with minor injuries is reported in Pavilion at routes 63 and 246. Pavilion Fire and Mercy EMS are responding.

UPDATE (11:45 a.m.): A firefighter on scene reports there are no injuries. A medic is still responding but in nonemergency mode.