A Batavia man who pled guilty to second-degree strangulation was sentenced to one to three years in state prison today by Acting Genesee County Court Judge Michael F. Pietruszka.
Joshua M. Gaudioso was arrested following a domestic incident Dec. 6 on Galloway Road wherein he strangled a female and threatened to kill her along with several family members.
"I can clearly see the gravity of my client's previous contacts in the criminal justice system," said his public defense attorney, Lisa Kroemer, who went on to tout the progress "Josh" seemed to be making in his treatment program and how well his counselor thinks he's doing.
"Josh got a lot out of it," Kroemer said.
She recommended a plan of intensive outpatient treatment until a bed in an in-patient facility becomes available. She asked the judge to consider allowing Gaudioso to be screened for acceptance into Drug Treatment Court with clinical supervision and a probationary sentence. She asked that today's sentencing be postponed until a screening and determination could be accomplished.
But Pietruszka was not swayed to grant her requests based on her client's previous behavior. The judge noted that Gaudioso has been on probation three times in the last 10 years and probation was revoked in each case. He was also on parole once and that, too, was revoked.
The judge issued four no-contact orders of protection, with the exception of minimal contact in one case for the purposes of facilitating visitation with his children. The victim's stay-away order will be in effect until April 12, 2027; the other three until April 12, 2024.
Gaudioso, who is about 5'8" tall and has strawberry-blond hair, wore a short-sleeved plaid shirt and khaki pants, wire-rimmed glasses and had a well-trimmed beard. He looked over at his parents in the gallery several times and repeatedly pushed his glasses up on his nose. He was very soft-spoken and when the judge asked him if he had anything to say before sentencing, he mumbled something about his progress in treatment.
