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Photo: Handpainted patriotic totes donated to vets home

By Howard B. Owens

The Genesee Country Decorative Painters, founded in Batavia in 1983, painted dozens of totes with patriotic themes as a service project for 2018 and today presented the gifts to the State Veterans Home in Batavia as a gift to veterans at the home.

Each member painted three bags each.

Photo: Diane Fiorentino, Laurie Bellucci, and Maggie Cummings, activity director for the vets home.

Hit-and-run accident reported at Center and School, Batavia

By Howard B. Owens

A black sedan reportedly hit another vehicle near Center and School streets, Batavia, and then fled down School Street.

The vehicle should have front, passenger-side damage.

Batavia PD is responding.

City Church will hold two candlelight services on Christmas Eve and everyone is invited

By Billie Owens

Press release:

The City Church invites you to come out on Christmas Eve for our annual Candlelight Service.

We will be having two services this year, one at our City Church location at 210 E. Main St. in Downtown Batavia at 6 p.m. and one at our St. Anthony’s location at 114 Liberty St in Batavia at 8 p.m.

This service is one of our most beautiful events we have all year. With our Christmas decor up, tree lights on, and friendly faces, you will have a warm place to be on Christmas Eve.

We begin our night singing together, then the kids will be brought up front for a traditional telling of the Christmas story. We have a choir and song specials throughout the night, and we end the evening by lighting our candles, symbolizing the light that was sent to us on that beautiful Christmas day.  

We are thankful to be able to plan this service on such a beautiful night to remember what this wonderful Christmas season is about. Everyone is welcome and every child receives a gift before they leave.

We would love to have you join us on Christmas Eve (Monday, Dec. 24). 

  • 6 p.m. at The City Church location on 210 E. Main St.
  • 8 p.m. at the St. Anthony’s location on 114 Liberty St.

Visit www.thecitychurch.comwww.stanthonysbatavia.com and find us on FaceBook and Instagram. Call (585) 343-6895 with any questions.  

Merry Christmas!

Justice for Children Advocacy Center to get major renovations in 2019

By Billie Owens

Press release:

The Justice for Children G.L.O.W. Foundation is pleased to announce that they are going to be embarking on a major renovation of the Justice for Children Advocacy Center in 2019.

Through collaboration with Genesee County, the Justice for Children G.L.O.W Foundation, the Kiwanis Club of Batavia, the First Presbyterian Church of Batavia, and many individual and corporate donors, the Justice for Children Advocacy Center will have a home that fully meets the needs of all of the children and families that visit the Justice for Children Advocacy Center – today and well into the future!

Thanks to a generous offer of a long-term lease from the Church, the Foundation will be using the funds raised by the Kiwanis Club of Batavia and donations from the community to renovate the current location at 304 E. Main St.

The evolution of this plan truly was a community effort, and sends a valuable message to the children and families in our communities who have been impacted by abuse: You are not alone. Your community supports you. We are all willing to work to keep you happy, healthy and safe.

The community is welcome to attend an open house on Wednesday, Jan. 9th  from 9 to 11 a.m. to learn about the plans for renovating the Justice for Children Advocacy Center.  

For more information about the Justice for Children G.L.O.W. Foundation, please visit their website at www.justiceforchildrenadvocacycenter.org

Law and Order: Hutchins Street man with two DWI convictions and no license arrested for DWI, jailed without bail

By Billie Owens

Jeremy G. Ives, 43, of Hutchins Street, Batavia, is charged with: felony DWI -- two previous convictions; aggravated unlicensed operation in the first degree; and following too closely. Ives was arrested at 6:23 p.m. on Dec. 8 on West Main Street in Batavia after a traffic stop. Ives was allegedly found to be operating his vehicle while intoxicated and he had a revoked driver's license. He was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 10). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Quella SM Polk, 37, of Birchwood Drive, Batavia, is charged with second-degree harassment. Polk was arrested and issued an appearance ticket on the charge following a domestic incident in the gym at John Kennedy School at 10 a.m. on Dec. 8. Polk allegedly had unwanted physical contact with another person. Polk is due in Batavia City Court on Dec. 18 to answer the charge. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

James E. Baker, 56, of Summit Street, Batavia, is charged with DWI, DWI with a BAC greater than .08 percent, and driving with no headlights. He was arrested at 9:28 p.m. on Dec. 7 on Summit Street in Batavia after a traffic stop. He was issued appearance tickets and is due in Batavia City Court on Jan. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Elizabeth M. Grattan, 28, of Liberty Street, Batavia, is charged with petit larceny. She was allegedly observed shoplifting at JCPenney at 11:36 a.m. on Dec. 4. She was arrested and issued an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Frank Klimjack.

Darrell J. Holloway, 50, of Farnsworth Avenue, Oakfield, is charged with petit larceny. He was arrested and issued an appearance ticket after a larceny at JCPenney at 1:36 p.m. on Dec. 4. He is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Photos: Fourth annual 'Shop with a Cop' at Walmart

By Howard B. Owens

More than 50 local children were invited to Walmart today to "Shop with a Cop."

Off-duty officers from the Sheriff's Office, Batavia PD, and State Police volunteered their time to help the children pick presents for their families or themselves.

Funds for the event were donated by Batavia PBA, Genesee County Deputy Sheriff’s Association, New York State Troopers PBA, CSEA, the City’s “Jeans for Friday,” Bonarigo and McCutcheon Law Office, Bohm-Calarco Smith Funeral Home, Town of Batavia Fire Department, and Statewide Machinery/House O’ Laundry.  

Each child received $100 for shopping and Walmart provided staff to wrap the presents.

Top photo: Deputy Andrew Mullen with Dena, 8.

Sheriff William Sheron had a lot of fun shopping with Will, 14.

Santa arrives at Walmart.

Trooper Jeff Bebak.

Mauler, 7, shopping with Deputy Rachel Diehl.

Tyler, 4, shopping with Trooper Frank Velletta.

Deputy Chad Cummings.

Chastin, 10, shopping with Officer Frank Klimjack and his mother Jen Styer.

Officer Stephen Cronmiller with Clare, 1.

 

Sgt. Jason Saile with Bailee, 6.

Detective Eric Hill was joined by his wife Nicole and Aubury Towner, an Explorer, to shop with Preston, 9, Isabell, 7, and Estella, 3.

High Voltage Tattoo donating all funds from holiday gift certificate sales to local charities

By Howard B. Owens

High Voltage Tattoo & Piercing is hosting its annual holiday fundraiser but instead of hosting one big tattoo marathon, owner Mark Fanara is selling gift certificates with all proceeds going to abused and neglected children in Genesee County.

Fanara said 100 percent of the price of the gift certificates will go to Justice for Children and Genesee CASA and the gift certificates will be sold at a discount. If you spend $20 for a gift certificate, you will receive a $25 gift certificate, for $50, get $60, for $100, get $125. There is no limit on gift certificates.

The sale lasts through Dec. 23.

High Voltage Tattoo is located 110 W. Main St., Batavia.

Photo: Heather Violet and Mark Fanara.

Photos: Batavia's fourth quarter run comes up short in Honeoye-Falls

By Howard B. Owens

Head Coach Buddy Brasky has warned us that, at least at the start, this will be a challenging season for the Batavia Blue Devils and the team got off to a rocky start with a 43-39 lose to Honeoye Falls-Lima.

An 18-point fourth-quarter rally might be something for Batavia to build on, but it wasn't enough to overcome HFL's 15-point lead at the end of three quarters.

Batavia was beset by turnovers early in the game and went through one four-minute period in the second quarter without hitting a basket.

The team has lost a key component of the offense with Antwan Odom out for the season after getting arrested late in the summer and Mason McFollins, Ethan Biscaro, Cam White, and Caeden White are all out of action, too.

The team is also off to a slow start because the football team had such a great season, reaching the state championship game, so prior to last night's game, Brasky had been able to lead only four practices with a full squad.

Luke Grammatico led Batavia's scorers with 11 points, including a pair of threes in the fourth quarter. Zach Gilebarte scored eight points and Joe Martinucci added six.

For HFL, Trevor Chamberlain scored 19 points and Josh Vogt scored 16.

Photos by Steve Ognibene. To view or purchase photos click here.

Batavia's Frank Gioia maintains a lifelong passion for running

By Virginia Kropf

Frank Gioia, of Batavia, was photographed in Buffalo in September when he won first place in his age group in the USA Track and Field Championships. 

Frank Gioia has been serious about running since he was young. He's 65 now.

A son of Babe and Dolly Gioia, Frank was born and grew up in Batavia, where he ran all through high school, he said. He was the first one from Batavia to qualify for cross country in the state championships, he said. 

He attended Genesee Community College for two years, and for about five years took a break from running to play softball.

“Back then, everybody was playing softball,” Gioia said. “There were ball teams then all over town.”

As a young man, he had married the former Pattie Walker and had three children, during which time his running took a back seat. He went to work as a welding foreman for the railroad, retiring from CSX Transportation.

Now, as a senior citizen, with time to devote to his love of running and the desire to keep fit, he is chalking up some wins on the USA Track and Field circuit.

In 2016, Gioia placed eighth in a USA National 5K Championship road race in Massachusetts. This past August, he was third our of 15 in the nation in a 5K road race in Atlanta, with a time of 21 minutes 6 seconds.

In his most recent victory, he finished first among 14 in the nation in September in the USA Track and Field Championships in Buffalo with a time of 21 minutes 36 seconds.

His first-place finish was 30 seconds longer because it was in the grass in Delaware Park, Gioia said, while the Atlanta race was on pavement. All races were in age groups. 

He has also traveled to races in San Francisco and Virginia.

He thinks what attracted him to running was because you don’t have to be a member of a team to run. 

“I always enjoyed running, and I could just go run any time I wanted to,” Gioia said. “And when you do good, that makes it all the more pleasurable.”

Although all of his children and three grandchildren are serious about sports, none shared his passion for running.

During good weather, he runs nearly every day, but during the winter he runs on the treadmill at the YWCA four days a week.

He is going to take a break for three or four weeks while he waits for next year’s schedule for the national races to come out.

“I have accomplished everything I really wanted to do, and I’m happy now just maintaining what I’m doing,” Gioia said.

Gioia just learned he has been named The Buffalo News “Runner of the Year” in the 65 to 69 age group. Out of the seven races in the series, he won the first six and placed second in the last race.

He also recalled several other honors to his credit, including running the 1983 Philadelphia Distance Classic half marathon in one hour and nine minutes. That placed him 55 out of more than 3,000 runners.

In 1984, he ran the Skylon International Marathon in two hours and 29 minutes, placing seventh out of 1,153 runners.

And, in 1985 and 1986, he won gold medals at the New York Empire State Games in the 10K on the track.

Photo below: In August, Frank Gioia, of Batavia, placed third in the nation in the Masters 5K USA Track and Field Championships in Atlanta.

Law and Order: Horseshoe Lake Road man accused of strangulation

By Billie Owens

Jesus Francisco Macarlo Ixcolin, 26, of Horseshoe Lake Road, Stafford, is charged with second-degree strangulation. He was arraigned then jailed without bail on Dec. 6 for alleged actions at 6:15 a.m. on Sept. 17 on Horseshoe Lake Road. He is due in Stafford Town Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy James Stack.

Maleak Hakeem Green, 25, of West Main Street Road, Batavia, is charged with aggravated criminal contempt, a Class D felony, and aggravated family offense, a Class E felony. He was arrested on Dec. 6 for an incident which took place at 3:45 p.m. on Nov. 26 on Main Street Road, Batavia. He has been convicted of first-degree criminal contempt in the preceding five years. It is alleged that Green was in the presence of a female who is the protected party in a Genesee County Court Order of Protection that was served on Green. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Benjamin G. Evans IV, 30, of Evans Street, Batavia, is charged with petit larceny and third-degree burglary. On Dec. 7 following an investigation, Evans was arrested for an incident which occurred at 8:45 p.m. on Dec. 4 at Kohl's Department Store on Veterans Memorial Drive. He was arraigned and jailed in lieu of $10,000 bail and is due in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Austin Heberlein.

Judd Allen Farewell Jr., 27, of West Avenue, Medina, is charged with petit larceny. He was arrested on Dec. 6 for allegedly taking property from Kohl's Department Store at 3:07 p.m. that day. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Aaron Michael Draper, 28, of West Academy Street, Albion, is charged with petit larceny. He was arrested following a larceny complaint at Kohl's Department Store. It is alleged that on Dec. 6 at 3:07 p.m. that Draper stole merchandise and walked past the point of sale at Kohl's. He was released on an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Photos: Batavia Society of Artists hosts opening of winter art show

By Howard B. Owens

CORRECTION: In the origianl version of our post, we switched the first and second place winners.  Our apologies to Rick.

The Batavia Society of Artists held its opening reception Thursday night at the Richmond Memorial Library of its Winter Art Show.

Rick Ellingham won First Place for his painting, "Adirondack Sunset."

The show runs through Dec. 27.

Karen Crittenden won Second Place with her picture, "Bug."

Resident seeks help recovering stolen bike

By Howard B. Owens

Mary DelPlato is hoping a reader can help her recover her stolen bicycle, if not provide information to the police that leads to the arrest and prosecution of the perpetrator.

DelPlato said the bike looks just like the one in the photo but older.

She said it was stolen off of her front porch on Holland Avenue sometime between 7 and 8:30 p.m. on Monday.

If you have information that can assist in the case, call Batavia PD at (585) 345-6350.

City leaf collection has ended, yard waste station remains open through Dec. 12

By Billie Owens

Press release:

City leaf collection has concluded for the year. We are extending the yard waste station operation through Wednesday, Dec. 12th, for any resident who still has leaves they would like to dispose of.

The hours of operation 11a.m. to 5 p.m. on Monday to Saturday, with the last day for the season being Dec. 12.

The entrance to the Yard Waste Station is signed and located at the curve on Law Street.

The yard waste station will reopen next season on April 15th.

Grand Jury: Man accused of stealing and defacing 13 firearms from The Firing Pin in Bergen

By Billie Owens

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

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