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Joe Gerace's Annual Spaghetti Dinner to benefit Genesee Cancer Assistance is April 11

By Billie Owens

Submitted photo and press release:

Please join Genesee Cancer Assistance on Thursday, April 11th, from 4 to 7 p.m., at Ascension Parish Hall (17 Sumner St., Batavia) for Joe Gerace's Annual Spaghetti Dinner

Dine in or take out. Dinners are $10 for adults, and $7 for children ages 5 through 12 years. Dinners for children under 5 years old are free. As in years past, complementary dinners will be available to any veteran or active duty military. There will be ample parking, and the facility is handicap accessible.

The dinner will include various raffles: a 50/50 raffle, $100 money tree, wine & chocolate baskets, and more! Winners do not need to be present.

All proceeds will benefit Genesee Cancer Assistance. 

Genesee Cancer Assistance, cofounded in 1995 by Dorothy Schlaggel and Russ Romano, is a community-based, volunteer organization through which cancer patients and their families living in Genesee County have access to financial aid and a variety of support services. Since its founding, Genesee Cancer Assistance has been fortunate to assist thousands of individuals; hundreds each year.

A lifelong Batavia resident, and one of the original members to sit on GCA's board of directors, Joe Gerace was passionately committed to helping people afflicted with cancer. He is the originator of the Simply Beautiful program and the Spaghetti Dinner that is held in his honor each year. Joe gave selflessly to the mission of Genesee Cancer Assistance until he lost his own courageous battle with cancer on Nov. 17, 2016.

Call the GCA office for more information, or to purchase your tickets in advance: (585) 345-0417.

Batavia woman accused of selling methadone to a task force agent

By Howard B. Owens
       Leona Polk

A 39-year-old resident of West Main Street Road, Batavia, has been arrested and accused of selling a quantity of methadone to an agent of the Local Drug Task Force on two occasions.

Leona J. Polk is charged with two counts of criminal sale of a controlled substance 4th, a Class C felony.

Polk was arraigned in Genesee County Court on Thursday and given her status as a lifelong Batavia resident and her lack of any prior criminal record, she was released on her own recognizance. 

She was arrested March 8 and held without bail until her appearance before Judge Charles Zambito on Thursday.

She is accused of making the sales on June 17 and 18.

Hawley fighting to preserve NYS American Legion Boys State program

By Billie Owens

Press release:

As a result of Gov. Cuomo and the State Senate failing to include the New York State American Legion Boys State program in their individual budget proposals, Assemblyman Steve Hawley (R,C,I-Batavia) has taken action.

Hawley, along with more than 40 other lawmakers, have signed onto a letter calling for the program’s full restoration that will be sent to legislative leaders and the governor ahead of the April 1 budget deadline.

The Boys State program melds aspiring high school seniors with American Legion counselors and active duty Marines during a weeklong training seminar at SUNY Morrisville.

The students engage in physical fitness, teamwork building and leadership training exercises while also learning the intricacies of state government.

“This is a unique program that brings together active service members, veterans and high school students eager to become future leaders and active in civic affairs,” Hawley said, “including $150,000 in a budget that is expected to total over $175 billion is a small investment we can make to help the future leaders of New York grow and excel.

"Students from every region of the state attend this program and I urge the governor and legislative leaders to restore this funding and keep the Boys State program vibrant and active.”

Video: 12th Annual Tech Wars at GCC

By Howard B. Owens

 

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Students from throughout the region competed Thursday at Genesee Community College in the 12th Annual Tech Wars, which gives them a chance to test out their ideas and designs in engineering and technology-related contests against students from other schools.

Sentencing delayed for teen who shot killer on Central Avenue

By Howard B. Owens

The sentencing of Samual Blackshear, the Batavia teenager who shot murderer Nathaniel Wilson in the leg after Wilson had stabbed Terry J. Toote outside a residence on Central Avenue, was delayed again today because his attorney received information that could effect Blackshear's eligibility for youthful offender status.

Blackshear entered a guilty plea in November to a single count of criminal possession of a weapon.

The plea agreement, which satisfied an indictment that included counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree, came with the promise that Judge Charles Zambito would consider granting the then 17-year-old youthful offender status. That would seal his court and criminal record in this case; the defendant is then never required to disclose the conviction to colleges or on job applications.

In preparing for sentencing, James Hinman did not receive a victim's statement from Wilson and did not believe such a statement existed.

Today, he learned that while Wilson did not make a victim's impact statement, he did make statements during his interview for his own pre-sentence investigation, that could have a bearing on the Blackshear case. Hinman asked for time to review those statements.

The content of Wilson's statements was not revealed in court.

In defending Blackshear, Hinman has maintained that Blackshear acted to protect the lives of people at the scene of May 17 murder. While the justification defense might have swayed a jury on the assault charges, Hinman did not dispute that Blackshear came into possession of a handgun he wasn't licensed to carry.

The gun allegedly came from Jennifer Urvizu-Hanlon, 48, then a local businesswoman, who did have a license for the gun. Her case is still pending.

Blackshear's case was continued to 3:30 p.m., March 2.

Even if granted youthful offender status, Blackshear could still be sent to prison for up to four years, or Zambito could put him on probation immediately.

Wilson, who admitted to second-degree murder, was sent to prison for a minimum of 20 years.

Crime Victims' Rights Week: Committee planning discussion of 1987 crash that claimed four lives in Pembroke

By Howard B. Owens

Crime Victims' Rights Week in Genesee County will be commemorated April 7-13 with a special presentation at Genesee Community College from 8:15 a.m. to 1 p.m. on Monday, April 8, examining a fatal car accident that has become a key part of Genesee County history.

"Honoring Our Past. Creating Hope for the Future" will look back on a 1987 head-on collision that took the lives of three students in Pembroke and their driver's education instructor.

The panel for the discussion includes: 

  • Sheriff's Office Crash Scene Investigator -- Judge James Orr
  • Prosecuting District Attorney -- Judge Robert C. Noonan
  • Pembroke School teacher -- Gregory Kinal
  • Family members: Deputy Patrick Reeves

Reeves is the brother of Rhonda Reeves, who was 17 the day a car driven by Lyndon Goodell, then 23, hit the car she and her classmates were in. Also killed were students Eric Hamm-Johnson, Mindy Beals, and 55-year-old instructor Patrick Collins.

Goodell, a Batavia resident who had already served a stint in prison for burglary, was eventually convicted of manslaughter and vehicular manslaughter. He was sentenced to seven to 15 years in prison.

A wrongful-death lawsuit filed by the victims' families found Goodell and his passenger, Carol Rokicki Elder, equally at fault. Rokicki Elder gave Goodell the keys to her car and the bottle of whiskey that they shared.

In next month's presentation, the impact of the trauma will be discussed and details will be shared about how those involved were able to work through the heartbreak and also make positive changes for the future.

The cost to attend is $10; students and seniors pay $5. Make checks out to: Genesee Justice (You can write Criminal Justice Day 2019 in the memo line.)

To attend this event, mail payment by April 1 along with your name, address, city, state, Zip code, phone # and email address.

Mail to:

Genesee Justice
14 W. Main St.
Batavia, NY 14020

For more details or questions, contact Holly McAllister, of Genesee Justice, at 344-2550, ext. 3929, or email her at:   Holly.McAllister@co.genesee.ny.us

Click here for a PDF registration form.

Photo: Crime victim's week committee: Bob Riccobon, Sue Gagne, Gregory Kinal, Catherine Uhley, Kimberly Perl, Judge Robert Noonan, Undersheriff Brad Mazur, Rosanne DeMare, Assistant Chief (Batavia PD) Todd Crossett, and Deputy Patrick Reeves.

For previous coverage of the event planned April 8, 2019, click here.

Area man killed in accident on Main Road, Pembroke

By Howard B. Owens

A Pembroke-area resident, whose name has not yet been released by local law enforcement, was killed this afternoon in a head-on collision with a tractor-trailer on Main Road near the county line.

The accident was reported at 3:06 p.m. in the area of 352 Main Road.

First responders reported a large debris field. Mercy Flight helicopters were put on ground standby but soon canceled after medics arrived on scene.

The driver of the tractor-trailer suffered minor injuries and was taken by Mercy EMS to UMMC for evaluation.

The driver of the SUV was westbound when it crossed the center line and struck the truck driver's-side-to-driver's-side. The SUV was heavily damaged in the accident.

Assistant Chief Ed Mileham, Indian Falls fire, said it was one of the worst accident scenes he's responded to in the 37 years he's been a volunteer firefighter.

UPDATE 9:30 a.m., Friday, March 15: The name of the driver killed in the crash is Wayne A. Striewing, 54, of Pembroke. Striewing was driving a 2017 Lexus NX2 westbound on Route 5 when the vehicle crossed the centerline, entering the eastbound lane. Investigators have yet to determine why Striewing's vehicle cross the centerline. The Lexus struck a 2016 Peterbilt tractor-trailer operated by Raymond L. Bennett, 56, of Winona, Mo. 

The crash is being investigated by Deputy James Stack, Deputy Kyle Krzemien, Sgt. Andrew Hale, Sgt. Jason Saile, Investigator Chris Parker, Investigator Chad Minuto, and Chief Deputy Joseph Graff. Assisting at the scene were the State Police Commercial Vehicle Enforcement Unit, Department of Environmental Conservation, Pembroke Volunteer Fire Department, Indian Falls Volunteer Fire Department, East Pembroke Volunteer Fire Department, Mercy EMS, and Coroner Jeff McIntyre.

Nominations sought for GO ART!'s second annual Genean Awards, deadline is March 29

By Billie Owens
Press release:
 
This year, nominations are now open for the public to vote on GO ART!'s "Genean Awards." Why "Genean" you ask?
 
Well, simply put, we decided that we needed to have our own unique awards (like the Oscars or Tony awards) for GENesee and OrlEANs counties, to recognize a few of the amazing people and organizations we have within our counties.
 
So there you have it! Genean it is!
 
Nominations Deadline: March 29th
 
There are three categories:
 
1. ORGANIZATION OF THE YEAR -- This award honors an not-for-profit or for-profit arts organization for its achievements in 2018.
 
2. INDIVIDUAL ARTIST OF THE YEAR -- This award honors an individual artist in any discipline for their achievements in 2018 or career-long body of work
 
3. SUPPORTER (OF THE CULTURAL SECTOR) OF THE YEAR -- This award honors an individual or an organization outside of the arts and cultural sector for their work directly aiding in the arts and/or cultural sector.
 
To nominate please visit online here.
 
Winners will be announced at our Spring Fling on April 27th.

Head-on collision: Car vs. semi in Pembroke, serious injuries

By Billie Owens

A head-on car vs. tractor-trailer accident with serious injuries was reported in Pembroke about an hour ago.

The location is 352 Main Road. It is close to the Erie County line.

Pembroke, Indian Falls and East Pembroke fire departments are on scene along with an ambulance.

Two Mercy Flight helicopters on standby were cancelled.

The accident is blocking traffic and the road is closed. There is a large debris field. The semi is in a ditch.

UPDATE 5:52 p.m.: Law enforcement command at the scene confirms this a fatal accident.

Byron-Bergen HS Varsity Club gets 36 students and staff to donate blood, helping more than 100 patients

By Billie Owens

Pictured: Student volunteers hand out snacks to donors. Photo credit: Susan Kuszlyk.

Submitted photo and press release:

On Thursday, March 14, the Byron-Bergen Varsity Club hosted its annual Blood Drive. Thirty-six students and staff members donated blood throughout the day, impacting more than 100 patients in need.

“It’s important to give back,” says Senior Becca Velasco.

This is her third year donating blood. Additionally, this year she is one of the 10 students who donated their time to help run the blood drive.

“Students can begin donating blood at 16 with parental permission,” says Byron-Bergen Health Educator Roxanne Wood. “Older students do not need parental permission, but all students must be in good academic standing to donate or volunteer.”

The American Red Cross, the organization collecting the donations, also provides incentives for a successful drive. Along with snacks and a free backpack to all who donate, the Red Cross sponsors a scholarship to schools collecting 30 or more pints of blood.

Despite the giveaways and scholarships, helping the community remains the driving force behind donations. The Red Cross’ app alerting donors when their blood is on its way to a patient is popular with the students.

“Byron-Bergen High School has played a pivotal role in helping and saving lives by hosting a yearly blood drive in partnership withthe American Red Cross,” says Red Cross Account Manager Thaddeus Nauden. “Thousands of lives have been helped or saved because of these students.”

“A lot of people are in need of blood,” says Junior Chloe Shuskey. “You need to help whenever you can.”

Muckdogs announce 2019 Season pricing with new ticket vendor

By Billie Owens

Press release:

The Batavia Muckdogs have announced that TicketReturn will be the new, exclusive ticketing provider of the New York – Penn League franchise. As part of a multi-year agreement, TicketReturn will provide the Muckdogs and its fans industry leading technology, mobile ticketing services, group ticket management and ticket account management for season ticket members. 

TicketReturn provides ticketing services to more than 250 sports and entertainment venues and is the leading provider of ticketing services for Minor League Baseball teams across the country.

“As we continue to enhance the fan experience, choosing the right ticket services provider was key in creating a positive impression for our fans before they even reach the ballpark gates” said acting General Manager Brendan Kelly.

“When it comes to ticketing, we want to provide our fans the best services and purchase options from mobile ticketing to print-at-home and TicketReturn meets those objectives."

In addition to a new ticket provider, the Muckdogs have remapped the ballpark and created a new ticket pricing structure. Traditional sections 1-10 will now be numbered 101 – 110. The Muckdogs have also introduced Advance and Day of Game ticket purchase pricing. All seating areas will increase by $1 on the day of the game as an incentive to visit the box office prior to game day or purchase online.

“We took a hard look at our ticket pricing and developed a new pricing strategy with the goal of being the best pro sports ticket value in Western New York,” said Kelly. “We feel we have accomplished that in our new pricing structure that delivers affordability for our fans.”

The new ticket tiers allow for 2019 prices to remain the same as 2018 in two of the tiers when purchased in advance. These levels include Field Box Reserved (First Base Side Sections 101-103, $9 advance / $10 day of game) and General Admission ($7 advance / $8 day of game).

The club will be introducing Field Box Prime Reserved seats from home plate and along the third base side behind the Muckdogs dugout (Sections 104-110, $10 advance / $11 day of game). These sections have increased in price by $1 for advance tickets and $2 on day of game over 2018 prices and are often the highest in demand for weekend games.

UPDATE March 15: We spoke with Kerri Schmidt, sales and marketing coordinator for the Muckdogs, and she said they are revamping the website, which has outdated information and contacts, and the newly designed site with all the ticket information will be ready in the next fews weeks.

Meanwhile, Schmidt said reserve/box season seats are on sale now and prices are:

  • For sections 104-110  =  $225
  • For sections 101-103  =  $200
  • General Admission  =  $190
  • Also, eight-game undated coupon booklets for general admission are available at the box office for $45 per booklet.

Iroquois National Wildlife Refuge hosts 35th annual Spring Into Nature event April 27

By Billie Owens

Press release:

Iroquois National Wildlife Refuge (NWR) in Alabama is hosting its 35thannual Spring Into Nature celebration from 9 a.m. to 4 p.m. on Saturday, April 27.

This year we welcome back spring with the theme -- Little Critters Mean a Lot! Join us for a variety of nature-related exhibits, crafts, fishing demos, and games for the kids.

There will be activities for all ages including toad abode construction, wildlife silhouette painting, pinecone feeder creation, live birds of prey, archery games, and face painting. We are also celebrating the grand opening of our new trail! Don’t forget to meet Puddles, the blue goose mascot of the National Wildlife Refuge System.

Food will be available for purchase. Parking and all activities are free.

Please visit our website here or contact Refuge staff at 585.948.5445 for more information about Iroquois National Wildlife Refuge.

Iroquois NWR is located midway between Buffalo and Rochester and is managed by the U.S. Fish & Wildlife Service. Individuals with disabilities and any other person who may need special assistance to participate in this program should contact the Refuge at (585) 948-5445 or at the Federal Relay No. 1-800-877-8339.

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Zonta Club kicks off centennial by assembling birthing kits at Batavia Senior Center for Third World countries

By Billie Owens

Photo above: assembling birthing kits at the Batavia Senior Center.

Submitted photos and press release:

The Zonta Club of Batavia-Genesee County recently partnered with RSVP of Genesee County, The Z-Club of Batavia High School, and members of the public to assemble 1,000 birthing kits at the Batavia Senior Center.

The Club is committed to donating a total of 1,919 kits this year in honor of Zonta International’s 100thanniversary.

Since 2010, the club has provided approximately 6,000 birthing kits to women in Haiti, Nicaragua, Libya, Uganda and other areas in the world.

A birthing kit includes a sheet of plastic, two gloves, a bar of soap, gauze, umbilical cord tape, and a razor, all placed in a quart size zip-lock bag. 

The local club received its charter in 1958. Each year the club provides advocacy and service including:

  • scholarships to girls in Genesee County who will be going off to college;
  • donations to local agencies, funding the Birthing Kits Project for women in developing countries who have limited access to medical care;
  • toiletries for women in the YWCA's Domestic Violence Program;
  • care packages for women in the military;
  • as well as donations to Zonta International's worldwide service projects.

The Confederation of Zonta Clubs (later renamed Zonta International) was founded in Buffalo in 1919. Today, as Zonta International celebrates 100 years, it thrives as a global organization of more than 29,000 professional members in nearly 1,200 Zonta clubs in 63 countries.

It works to empower women worldwide through service and advocacy.  Zonta International envisions a world in which women's rights are recognized as human rights and every woman is able to achieve her full potential.

In such a world, women have access to all resources and are represented in decision-making positions on an equal basis with men. In such a world, no woman lives in fear of violence. Since 1969, Zonta International has had General Consultative Status with the United Nations/Economic and Social Council.

For further information about the local club, email Batavia@zontadistrict4.org

Pictured below are women standing in line at a clinic to receive birthing kits the club sent to Haiti.

Tickets available for seventh annual Mr. Batavia show

By Howard B. Owens

 

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The seventh annual Mr. Batavia show is set for 7 p.m., March 21, at Batavia High School in the Auditorium. 

There are 12 seniors in this year's competition, each representing a different charity in the community. 

All proceeds from ticket sales will go to the winner's charity. Last year, $4,400 was raised and in seven years the student-run event has raised $20,190.

Tickets are $8 and are available at the school's main office and tickets will also be available at the door until sold out.

This year's contestants and their charities are:

  • #1 - Harley Radley -- Pancreatic Assoc. of WNY
  • #2 - Will Palmer -- 25 Neediest Fund
  • #3 - Taiyo Iburi-Bethel -- All Babies Cherished
  • #4 -  Cameron Austin -- Batavia VA
  • #5 - Terelle Spinks -- Volunteers for Animals
  • #6 - Griffin DellaPenna -- Michael Napoleone Foundation
  • #7 - AT Thatcher -- GO ART!
  • #8 - Kris Kuszlyk -- Juvenile Diabetes Research of WNY
  • #9 - Alec Frongetta -- Genesee Cancer Assistance
  • #10 - Cameron Bontrager -- Batavia Players
  • #11 - John Bruggman -- Crossroads House
  • #12 - Sam Rigerman -- Habitat for Humanity

Hawley fights $5.7 billion tax hike proposed by New York City

By Billie Owens

A Statement from Assemblyman Steve Hawley (R,C,I-Batavia) on the Assembly Majority’s one-house budget wish-list:

 “While I do support restoring the governor’s cuts to municipalities and funding of the Extreme Winter Recovery infrastructure program, I will not stand for a $5.7 billion tax increase as was proposed by New York City politicians today.

“There was no mention of unfunded mandate relief or breaks for small businesses, and even through all those taxes, Assembly leadership still chose to gut counseling services for veterans – an awful decision.

“Included was also an additional tax on rental cars which disproportionately affects Upstate as many in New York City use public transit to travel.

"It’s ironic that Downstate politicians want to further tax rental cars – that may be the last and final tax many families pay as they are leaving our state for the last time.”

City school board recognizes outstanding community members at monthly meeting

By Howard B. Owens

Dr. Joseph Zambon and Mrs. Paula Fischer are Outstanding Community Members
In recognition of their work to include our students’ families in the Give Kids a Smile Day, Dr. Joseph Zambon and Mrs. Paula Fischer were nominated to receive Outstanding Community Member Awards.

While Dr. Zambon was unable to be present, Mrs. Fischer was presented with the award by Board of Education president Patrick Burk at the BCSD Board meeting on March 12.

They were nominated by Julia Rogers, district coordinator of Assessment and Instructional Services, who wrote:

"Dr. Zambon, dean of the UB School of Dental Medicine, and Notre Dame alumnus, and Mrs. Fischer, director of School-Based Programs at the UB Dental School, and BHS alumna, coordinated the partnership between the Batavia City School District and the University at Buffalo School of Dental Medicine for their annual Give Kids A Smile Day.

"The event, for children 1-18 years of age, took place on Feb. 9. They coordinated with Fidelis Care to offer free transportation to UB for families to attend if they needed it. The UB Dental’s Give Kids a Smile event offered free dental care -- including exams, cleanings, fillings, extractions, orthodontic consultations (braces), hearing and vision screenings, and healthy eating demonstrations.

"Every child and parent received oral health supplies and lunch bag. We are so grateful to UB Dental for their inclusion of BCSD families in this event.”

Darien lifter sets state and national records at strongman competition

By Howard B. Owens

Darien resident Lucas Birkby came home Sunday with five medals from a powerlifting competition in Mamaroneck sponsored by United States Strongman Inc. 

Birkby set official state records for the axle clean and press at 320 pounds, the 18-inch deadlift at 700 pounds, deadlift at 650 pounds, the log press at 310 pounds, and the atlas stone, at 360 pounds. The axle clean and the 18-inch deadlift are also national records for the heavyweight teen division.

His father, Scott Birkby said, "In addition to training at home, Luke has been training twice a week at Iron and Stone Strength gym in Clarence. His trainer is Tony Kalisz. We found this Strongman gym through a Google search since Luke's ultimate dream is to become the world's strongest man.

"I've got the feeling that the fellows there raised an eyebrow when we wrote to them and said that a teenager (he was 17 and just turned 18 this February) wanted to do strongman, but they said: 'go ahead and send him in.' That was about 10 months ago. Luke and the guys (and girls!) at the gym have had a great time since he showed up. 

Birkby has qualified to compete at the nationals in June in Columbus, Ohio.

Scott said his son is PED-free (performance-enhancing drug), adding, "Our grocery bill has taken a pretty big hit for this."

Photos and info submitted by Scott Birkby.

Attorneys in vehicular manslaughter case move to dismiss after learning stenographer taped grand jury proceedings

By Howard B. Owens

A grand jury stenographer has allegedly been audio recording grand jury proceedings, which isn't legally permissible, and the attorneys for Jennifer L. Serrano think the stenographer's actions are enough to get a second-degree vehicular manslaughter charge dismissed.

The 48-year-old Serrano was charged following the Aug. 11 death of 18-year-old Connor Lynskey after a Jason Aldean concert in Darien.

"I was not aware of the recordings until recently and as a matter of an ethical obligation, I notified the defense attorneys involved," said District Attorney Lawrence Friedman.

While attorneys Frank LoTempio III, and Jack Sanchez have filed a motion seeking dismissal of the grand jury indictment against Serrano, Friedman doesn't believe the recordings jeopardize the case.

"We do not believe, regardless of what the court decides, it will result in the dismissal of the indictment or lead to anything that would delay the case."

Friedman has until April 5 to file his answer to the motion with the court and Judge Charles Zambito may conduct a hearing on the motion April 25 at 1:30 p.m. LoTempio and Sanchez have asked to put the stenographer on the stand at the hearing. It will be up to Zambito to decide if there should be a hearing and whether to call the stenographer to the stand.

The recordings, if made, are a potential violation of New York's Judiciary Law, though Friedman disagrees with the analysis by LoTempio and Sanchez that the recordings rise to the level of a misdemeanor. Friedman isn't anticipating any charges in the case.

Friedman's office had no prior knowledge of the recordings and did not benefit from the recordings. The stenographer is an independent contractor and is not employed by the District Attorney's Office.

The stenographer was using a shorthand machine manufactured with the recording capability built right into the device, which is why the DA's office was not aware of the recording being made. Such a mahcine may be permissible in other legal proceedings but in New York, not in a grand jury proceeding.

Assistant District Attorney Shirley Gorman discovered the fact that the recordings were being made and brought it to Friedman's attention.

Friedman and the ADAs in his office have notified defense attorneys about the recordings but he didn't have a count for how many cases that might involve. As for as his own cases, only one other defense attorney has filed a motion related to the recordings.

"The bottom line, I really believe, is this is not going to be an issue that is going to impact cases," Friedman said. "We’re not concerned that we’re going to have indictments dismissed or any that severe as a result of this."

As for Serrano, if the case does go to trial, LoTempio said the defense is ready to proceed. They plan to bring forward an expert witness who will testify that Lynskey was intoxicated and either walking or running in the lane of traffic when he was struck.

The defense will argue that Lynskey was at fault in the accident, LoTempio said.

They also believe there is evidence to indicate that Serrano didn't know she had struck a person and therefore didn't have the requisite knowledge to be charged with leaving the scene of a personal injury accident.

The accident occurred Aug. 11 on Sumner Road. Lynskey was with friends and family at the Aldean concert at the Darien Lake Performing Arts Center. They were camping at Darien Lakes State Park. After the concert, the group started on foot back to the campground. The Sheriff's Office report of the accident indicated Lynskey decided to run ahead and catch up with a friend. When both groups were back at the camp, they realized Lynskey was missing. Law enforcement searched the area that night but did not find Lynskey. His body was found the next day in a ditch by the side of the road.

Serrano had been stopped and charged that night with a DWI. The accident may have occurred about a half hour before she was arrested. Through leads, Sheriff's investigators identified her as a suspect in the fatal accident.

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