batavia

Restaurants come and go. It's a tough business. But some endure and among those is Center Street Smokehouse, which has been a staple of the downtown dining scene in Batavia for 20 years.

In 2000, Paul, his brother Scott and friend Tommy Freeman bought at auction an old newspaper building that had been vacant for years and was in a sad, dilapidated state and renovated it, turning it into a Southern-hospitality, retro-themed eatery.

"It's been an interesting trip," Paul said. "We've got a loyal fan base and we've been improving things year after year after year so people keep coming back."

As downtown's business base has slowly grown over the past two decades, Center Street has been in the thick of it.

"It's nice to be right in the middle of the city," Paul said. "People can move around downtown and get more of a city experience."

The restaurant opened 20 years ago on Dec. 7 and to celebrate, on Sunday (Dec. 8), draft beers are $1, beef ribs, $6, half chicken, $4, and a hamburger is just $1.

"These prices are not a misprint," Paul notes in a flier he made for the event, and the prices only last on Sunday while supplies last. The hours are from 4 to 8 p.m.

The celebration will last all of 2020, Paul said, with monthly specials throughout the year.

The City Church invites you as we celebrate the Christmas Season. You and your family are welcome to any or all of these services. From Special Music Nights to Candlelight Services we want to celebrate this special season with you.

The City Church, 210 E. Main St., Batavia. / St. Anthony's, 114 Liberty St, Batavia. Visit us online: www.thecitychurch.com or call 585-343-6895.

Press releases:

The Batavia Muckdogs today praised the newly created Save Minor League Baseball Task Force that has been organized by members of Congress to prevent Major League Baseball (MLB) from eliminating 42 minor league franchises, nearly one quarter of all minor league teams around the country.

“We appreciate the support of Rep. Lori Trahan (D.-Massachusetts), David McKinley (R-W.Va.) and the members of the task force in standing up for Minor League Baseball and speaking out against MLB’s effort cast off thousands of jobs, reduce affordable, family-friendly entertainment and undermine grassroots support for our great game,” said Muckdogs General Manager Brendan Kelly.

The Batavia Muckdogs have been identified as one of the 42 franchises facing elimination under the MLB proposal.

Minor league teams are vital to the social and economic lives of millions of Americans; they support scores of local businesses and jobs, provide accessible entertainment, help promote tourism spending and donate tens of millions of dollars in charitable contributions.

“With this proposal, MLB is willing to break the hearts of dozens of communities across the country,” Kelly said. “We are going to resist this plan and are gratified that so many in Congress are willing to join with us.”

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WASHINGTON, D.C. – On Tuesday, Dec. 3 Representatives Lori Trahan (D-MA), David McKinley (R-WV), Max Rose (D- NY), and Mike Simpson (R-ID) announced the official formation of the bipartisan Save Minor League Baseball Task Force.

At the group’s inaugural meeting, interested Members heard from Minor League Baseball (MiLB) President Pat O’Conner and several Minor League team owners. The group discussed strategy to continue the momentum on this urgent issue.

The Save Minor League Baseball Task Force will advocate on behalf of the communities that stand to be mostharmed by MLB’s plan to eliminate 42 minor league franchises. They will closely monitor ongoing negotiationsbetween MLB and MiLB as well as discuss potential legislative action if and when such a remedy becomes necessary.

“I am proud to launch this important Task Force with my co-chairs; Representatives McKinley, Rose, and Simpson," said Congresswoman Trahan. "Together along with our colleagues we will make perfectly clear that Congress is ready to defend ourcommunities, which stand to lose out in MLB’s proposal to slash the number of Minor League teams. The Lowell Spinners and other minor league teams across the United States provide critical economic and cultural benefits to the communities they call home, and Congress must have a voice in this conversation,”

"Baseball is America’s pastime, and minor league teams have a major impact on small communities across our country,” said Congressman McKinley. “While we understand the MLB has concerns: the idea that doingaway with 42 teams is the only solution is not reasonable. We look forward to working with MiLB and MLB tofind a compromise that will preserve affiliated baseball in these cities.”

“Major League Baseball can look at all the ‘sabermetrics’ it wants, but what they don’t understand is the serious impact that losing these baseball teams will have on our communities,” said Congressman Rose. “You won’t see it in any formula, but my colleagues and I have all seen the impact teams like the Staten IslandYankees can have on the faces of the children who show up at the ballpark every year. I’m proud to join this effort to urge the MLB to reconsider.”

“Baseball is America’s pastime and that pastime should not be exclusive to a select number of cities," said Congressman Simpson. "Minor League Baseball is at the heart of many small and rural cities in our country. To deprive those communities of baseball would not only deny them access to our national heritage, but it would also harm local economies that depend on minor league baseball organizations. I am proud to join my colleagues in starting this task force toensure baseball stays vibrant in communities like Idaho Falls and Boise."

Jerrol Paul Newell, 50, of East Main Street, Corfu, (photo above) is charged with: three counts of second-degree strangulation (Class D felonies); unlawful imprisonment in the first degree (Class E felony); and two Class A misdemeanors -- second-degree menacing -- displaying a weapon or dangerous instrument, and third-degree assault. At 7:50 a.m. on Nov. 29, Newell was arrested after the Genesee County Sheriff's Office investigated a domestic incident that occurred on East Main Street in the Village of Corfu. He was arraigned in Pembroke Town Court and put in Genesee County Jail with bail set at $50,000 cash. The case is still under investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Ryan DeLong. The Sheriff's Office was assisted by members of the Corfu Police Department, the Wyoming County Sheriff's Office and the New York State Police.

Mark T. Helm, 38, of State Street, Batavia, (inset photo left) is charged with second-degree assault and endangering the welfare of a child. Helm was arrested at 9:41 p.m. on Nov. 24 on State Street after allegedly striking a person, causing serious physical injury, all while in front of four children. Helm was arraigned in Batavia City Court and jailed without bail. He was due back in city court on Nov. 26. The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger.

Kiha S. McNear, 22, of Lake Street, Le Roy, (inset photo right) is charged with: criminal mischief -- intentionally damaging property; second-degree criminal contempt; aggravated criminal contempt -- previous conviction; and second-degree burglary -- illegally entering a dwelling. McNear was arrested at 9:35 p.m. on Nov. 25 at a resident on Walnut Street in the City of Batavia. He allegedly entered the residence of a person who has an order of protection against him and damaged some of the person's property. He was arraigned in Batavia City Court on Nov. 26 and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Miah Stevens.

Above photo taken after the arrest of Colby J. Swain, courtesy of NYS Police -Troop A, Batavia.

Colby J. Swain, 34, of Amherst, was arrested Nov. 30 by New York State Police and charged with criminal possession of a weapon in the second degree ("loaded firearm other than a person’s home"), a Class C felony, and criminal possession of marijuana in the third degree, a Class E felony. Swain was stopped at 1:45 p.m. on I-90 in the Town of Batavia for a vehicle and traffic violation. During the interview, troopers determined there was "probable cause to search the vehicle." A duffle bag which was locked with a combination lock was located inside the vehicle. Swain allegedly refused to cooperate with the investigation, which result in the troopers obtaining a search warrant for the bag. "Inside the bag that Swain claimed ownership of, was over 11 ounces of marijuana and a loaded Smith and Wesson M&P .45-caliber pistol with an 8-round magazine" (in photo above). Swain did not possess a pistol permit. Swain was arraigned before the Town of Batavia Court and released under the supervision of Genesee County Probation. No return court date is available at this time.

Justin P. Mcgirr, 37, of Ross Street, Batavia, and Jeremiah T. Jones, age and address not provided, are charged with disorderly conduct by way of fighting/violent behavior. They were arrested on Ross Street after they were allegedly observed in a physical fight by police at 1:07 p.m. on Nov. 23. They were issued appearance tickets and were due in Batavia City Court at 1 p.m. today (Dec. 3). The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Jonathan Brice White, 27, of Buffalo Street, Bergen, is charged with second-degree criminal contempt. White was arrested at 3:15 p.m. on Nov. 13 after he allegedly repeatedly violated a full stay away order of protection by contacting the protected party. After his arraignment in Batavia City Court, he was jailed on $1,000 bail, cash or bond. He was due back in city court Nov. 26. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Raylynne M. Santiago, 20, of Walnut Street, Batavia, is charged with harassment and obstruction of governmental administration. Batavia Police Officer Peter Post arrested Santiago following a domestic incident reported at 12:50 a.m. on Nov. 24 in the vicinity of Jackson and Maple streets in the city. She was due in Batavia City Court at 1:30 p.m. today (Dec. 3). Post was assisted by Officer Stephen Cronmiller.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespassing. He was arrested after a trespass complaint was made at 11:35 a.m. on Nov. 20 at the Richmond Memorial Library on Ross Street in the city. He was due in Batavia City Court this afternoon (Dec. 3) to answer the charge. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Ross D. Rahn, 24, of Main Street, Le Roy, is charged with: stopping on a highway; moving from lane unsafely; and driving while ability impaired. At 1:28 a.m. on Dec. 2, Batavia police responded to a call of a vehicle parked crossways across the roadway on West Main Street near Vernon Avenue in the city. Rahn was subesquently arrested, issued appearance tickets, and is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Zachary J. Marrow, 28, of Manhattan Avenue, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent of more, and DWI -- first offense. Marrow was arrested at 12:31 a.m. on Nov. 16 on East Main Street in Batavia. He is due in Batavia City Court on Dec. 11. The case was handled by Bataiva Police Officer Miah Stevens, assisted by Officer Arick Perkins.

Gregory F. Frieday, 34, of Osterhout Avenue, Batavia, is charged with fourth-degree criminal mischief, a misdemeanor. On Nov. 17, Genesee County Sheriff's deputies responded to a complaint of criminal mischief for a broken exterior window at Batavia Downs. Following an investigation, it is alleged that Frieday broke an exterior window on the south side of the building. He was issued an appearance ticket and is due in Town of Batavia Court on Dec. 19. The case was handled by Deputy Brock Cummins, assisted by Deputy James Stack.

Melynda M. Gayhart, 31, of Hutchins Street, Batavia, was arrested on Nov. 25 on a bench warrant out of Batavia City Court. This stems from a larceny incident which occurred on Feb. 17 on East Main Street in Batavia. After her arraignment in city court, she was released and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Nicole McGinnis.

Press release:

This morning at approximately 6:45 City of Batavia Police officers were dispatched to a report of a burglary alarm at a business in the Eastown Plaza. Two officers, in separate marked patrol cars, responded to the alarm and were traveling eastbound on East Main Street.

As the patrol car in the lead approached the intersection of East Main and Liberty Street, it entered the intersection with lights and sirens activated and had a steady green light. A vehicle traveling north on Liberty Street failed to stop for a steady red light and entered the intersection.

The officer attempted to avoid the vehicle but was unsuccessful.

The northbound vehicle struck the patrol car causing it to travel across the westbound lane and over the curb, striking a tree and coming to rest on the parkway and sidewalk area. The other vehicle then struck another uninvolved vehicle.

The officer operating the marked patrol car was taken to UMMC’s Emergency Room to be evaluated and was released with a minor injury. There were no other injuries reported as a result of the collision.

The accident is currently under investigation and we will advise of any charges.

It was a beautiful morning in Genesee County, with temperatures in the teens so trees stayed flocked even though the sun was out and the sky was blue.

Top photo, from Court Street, looking toward the Old Courthouse.

The snow-covered eagle atop the Upton Monument taken through the window on the third floor of the Old Courthouse.

The Rowell Mansion.

Centennial Park (in black and white).

Centennial Park (in black and white).

The Barber Conable Post Office Building in Batavia.

The flag pole outside the Old Courthouse.

Press release:

Currently, the City of Batavia's phone system is down for all City locations. In case of an emergency please remember to call 9-1-1. City Police and Fire will be notified about any emergency situations directly from dispatch and will operate as normal.

City offices will be open normal business hours from 8:30 a.m. to 4:30 p.m. today (Dec. 3) for walk-in business.

Please continue to contact members of the City of Batavia staff via email or through the City’s website contact form to reach out with any questions or correspondence https://www.batavianewyork.com/home/webforms/contact-form

Thank you in advance for your patience, and we will keep you up to date with information as we work to get our phones back online.

Donald J. Frisby is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on July 14 on Clay Street in the Town of Le Roy that Frisby subjected another person to sexual contact by forcible compulsion.

Morgan L. Cox Jr. is indicted for the crime of menacing a police officer, a Class D violent felony. It is alleged that on Sept. 28 in the City of Batavia that Cox intentionally place or attempted to place a police officer in reasonable fear of physical injury or serious physical injury or death by displaying a knife while the officer was performing his duties. In count two, Cox is accused of first-degree menacing, a Class E felony, for allegedly intentionally placing another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, Cox is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly intentionally using a dangerous instrument -- a knife -- against another person. In count four, Cox is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count four that Cox intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Cox is accused of having been convicted of second-degree menacing, a Class A misdemeanor, in the City of Batavia (date not provided) and that conviction forms the basis of counts two and three in the current indictment.

Steven M. Lindner is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 18 in the City of Batavia that Lindner knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, also a Class B felony. It is alleged in count two that the defendant possessed a narcotic drug -- fentanyl -- with intent to sell it. In count three, Lindner is accsued of criminal possession of a controlled substance in the fifth degree, a Class D felony, for allegedly possessing cocaine in an amount weighing 500 milligrams or more. In counts four and five, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing controlled substances unlawfully -- fentanyl and alprazolam. In count six, he is accused of unlawful possession of marijuana in the second degree, a violation.

Carey Culverhouse is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Sept. 2, 2017 in the City of Batavia that Culverhouse intentionally seriously injured another person by means of a dangerous instrument -- a knife.

Dalton C. Kelly is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 18 on Chase Park in the City of Batavia that Kelly intentionally caused physical injury to another person by means of a dangerous instrument (not specified). In count two, Kelly is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death, or attempting to do so, by displaying a dangerous instrument (unspecified).

Kevin J. Weber is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 19 on Judge Road in Alabama that Weber intentionally caused serious physical injury to another person. In count two, he is accused of third-degree menacing, a Class B misdemeanor, for allegedly placing, or attempting to place, a person in fear of death, imminent serious physical injury or physical injury by means by physical menace.

Shonje K. Jefferson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 27 in the City of Batavia that Jeffereson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, Jefferson is accused of unlawful possession of marijuana in the second degree, a violation.

Darius L. Jones and Trevon L. Armstrong are indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Oct. 2 in the City of Batavia that they possessed a loaded firearm, an Amadeo Rossi .38-caliber revolver. In count two Jones and Armstrong are accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that on Oct. 2 they intentionally disobeyed or resisted the lawful process or mandate of a court. In count three, they are accused of endangering the welfare of a child for allegedly knowingly acting in manner likely to be injuious to the physical, mental or moral welfare of a child less than 17 years old. In count four, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing acetaminophen / oxycodone hydrochloride. In count five, they are accused of unlawful possession of marijuana, a violation. In count six, Jones is accused of exposure of a person, a violation, for allegedly appearing in a public place in a manner that exposed his body's private parts.

Louis C. Restivo is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on July 13 in the Town of Bergen that Restivo intentionally caused physical injury to another person by means of a dangerous instrument (unspecified).

Jon N. Roblee is indicted for the crime of menacing in the first degree, a Class E felony. It is alleged that on Sept. 29 in the City of Batavia that Roblee intentionally placed another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a metal pipe. In count two, Roblee is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that he intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Roblee is accused of having been convicted of the crime of second-degree menacing, a Class A misdemeanor, on Nov. 7, 2011 and that conviction was within 10 years of the crimes alleged in the current indictment.

Ernest D. Lane is indicted for the crime of aggravated family offense, a Class E felony. It is alleged that on April 8 at an apartment on Ellicott Street in the City of Batavia that Lane that intentionally disobeyed or resisted the lawful process or mandate of a court -- a valid stay away order of protection issued March 28 in Batavia City Court. He did so by allegedly being at the home of the protected party. In count two, Lane is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly being at the home of the protected party that day. In Special Information filed by the District Attorney, Lane is accused of having been convicted of the crime of third-degree menacing against members of the same household and a special offense because the conviction was within the last five years -- on Jan. 18, 2018.

Katrina L. Gerace is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Elba that Gerace drove a 2012 Mini Cooper on Route 262 while intoxicated. In count two, Gerace is accused for aggravated DWI per se, also a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Gerace is accused of having been convicted of driving under the influence or alcohol or a controlled substance, as a misdemeanor, "Highest Rate of Alcohol .16 percent BAC or higher," on Dec. 8, 2014 in the Court of Common Pleas of Erie County, Pa., and that conviction was within 10 years of the crimes alleged in the current indictment.

Jay W. Schafer is indicted for the crime of criminal possession of a firearm, a Class E felony. It is alleged that on June 19 in the City of Batavia that Schafer possessed a Smith and Wesson, Model 10, .38-caliber Special revolver.

Adam M. Kreutz is indicted for the crime of offering a false instrument for filing in the first degree, a Class E felony. It is alleged that at an address on Fisher Road in Oakfield on June 22 that Keutz presented a supporting deposition to a public servant, knowing that the document contained a false statement or false information and that it would become part of the official records. In count two, he is accused of falsifying business records in the first degree, also a Class E felony. It is alleged in count two that on June 22 at an address on Fisher Road in the Town of Oakfield that he intentionally tried to defraud or make a false entry in the business records of an enterprise. This was allegedly done by providing a supporting deposition that attempted to conceal the commission of reckless driving.

Submitted photo and press release:

The H.E. Turner & Co., Bohm-Calarco-Smith and Burdett & Sanford Funeral Homes are proud to present their 24^th annual Service of Prayer & Remembrance at 7 p.m. on Wednesday, Dec. 11. All are invited.

Doors open at 6:15 p.m. for the service at Northgate Free Methodist Church, 8160 Bank Street Road, Batavia.

A candle in memory of your loved ones will be lit prior to the start of the service and remain that way throughout.

The ecumenical service is a combination of music, congregation unison reading, prayer, Scripture reading, a message of hope, reading of the names of your loved ones and tolling of the bell in remembrance.

“We hear from families how the service helps them through their grief, especially during this time of year," said Joshua Smith, of H.E. Turner & Co. Funeral Home. "For some of these families it will be their first year participating in the service, which means it is their first Christmas without their loved one, and for others, they come back year after year.” 

Immediately following the service, a time of fellowship and refreshments will be offered at the church.

To register the name or names for your candle please call the H.E. Turner & Co. Funeral Home at (585) 343-8868 or register online at www.bataviafuneralhomes.com by Dec. 9.

Photo: Joshua J. Smith, of the H.E. Turner & Co., Bohm-Calarco-Smith and Burdett & Sanford Funeral Homes, is seated with Pastor Marsha Rivers, pastor of Congregational Care & Discipleship at Northgate Free Methodist Church in Batavia.

Jason Smith shared with us this picture of a dove in the morning snow.

If you have a snow picture you would like to share, send it to howard@thebatavian.com.

For Small Business Saturday, Iris Bodine, 8, went shopping with her aunt Margie Everett at Adam Miller Toy and Bicycle.

We didn't get a chance to visit local businesses until the afternoon, but several business owners said their shops were full in the morning and that it seems like more people seemed to be out shopping local on the first Saturday after Thanksgiving than previous years.

Dave Howe, Charles Men's Shop, said at least a half-dozen people mentioned the annual Shop Local promotion is what motivated them to visit local businesses today.  

Stephen Valle and Carrie Lawrence, Valle Jewelers. 

Chris Crocker and Leslie Moma, The Yngodess Shop.

Don Brown and Dave Howe, Charles Men's Shop.

Police officers from throughout the county -- Sheriff's Office, Batavia PD, Le Roy PD, Corfu PD, State Police, DEC, and Probation -- rolled their cruisers up in front of retail stores in Batavia Towne Center today to collect toys and clothing donations for needy families in our community.

By early afternoon, every cruiser along with the van used by the Emergency Response Team was stuffed with gifts and more than $600 in cash and gift cards had been collected. The donations were then taken to City Church/St. Anthony's to be sorted and distributed to all of the school districts in the county.

A photo from late this afternoon of the Old Courthouse in Batavia decorated with wreaths hanging from the windows.

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.

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.

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.

Open House Alert: Saturday, Nov. 30th from 10 a.m. -12 p.m. Location is key for this solid and comfortable country farmette, located on almost 23 PRIME country acres in the Town of Batavia with Alexander School District!

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.