A Level 3 sex offender convicted by a jury in June of failure to register his proper address will serve one-and-a-quarter to four years in State Prison, the maximum sentence on the charge available to Judge Mark H. Dadd.
Meanwhile, Ronald A. Smith, 19, of Batavia, was given until Friday to decide whether to take a plea offer on three felony counts of sexual abuse in the first degree.
Smith is accused of sexual contact with children under age 11 within months of being released from state custody on a prior sex crime conviction.
Public Defender Gary Horton said Smith indicated that he wished to proceed to trial on sexual abuse charges, but by this morning had a change of heart and wanted time to discuss the plea offer with his family, particularly his mother.
If convicted at trial of all three counts, Smith faces up to 21 years in prison (maximum sentences of seven years each, and if imposed consecutively).
District Attorney Lawrence Friedman has offered a maximum five-year sentence -- the minimum sentence available for a second violent felony offender -- in exchange for a guilty plea.
Smith is scheduled to reappear in Genesee County Court at 9:45 a.m., Friday, to either plead guilty or request that his case go to trial.
Smith was arrested in January on the sexual abuse and failure to register charges, less than four months after being released on a similar sexual abuse conviction. Smith reportedly lived for a time on Thorpe Street, on East Main Street and in Oakfield. He only ever registered his address on Thorpe Street.
The failure to register charge was tried separately from the sexual abuse charges and a jury returned a verdict in less than two hours on June 22.
Judge Dadd, out of Wyoming County, presided over the trial because Judge Robert C. Noonan was presiding over a civil trial in Orleans County at the time.
Noonan was on the bench today for Smith's plea cut-off hearing, which followed the sentencing by Dadd on the failure to register charge.