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Paul R. Tenney will spend tonight in jail, even though he was not sentenced today for admitting he stole more than $106,000 from Elcon, Inc..

Judge Robert Noonan agreed to postpone sentencing Tenney until he gets proof that Tenney attended an in-patient treatment program for substance abuse.

But there's no reason to let him go free since he apparently violated the terms of his pre-sentencing release. Plus, Tenney has purportedly trained his replacement at Elcon on its finance system, so his freedom is no longer warranted in that regard.

Elcon owner Edmend Leising told District Attorney Lawrence Friedman that Tenney wasn't all that cooperative. But the issue seems to be resolved.

"(Leising) is not asking for anything further at this point," Friedman said.

Attorney Gary Horton said he didn't understand Friedman's statement.

"He said he’s been at Elcon every day and trained the person hired to replace him," Horton said.

Court officers this morning talked about two men -- the Paul G. Grazioplene who is a local businessman, involved in youth sports and various community activities and a friend to many community leaders, and the Paul G. Grazioplene who was allegedly abusive to police officers the night of his arrest on a DWI charge.

Judge Robert Noonan took both descriptions into account this morning when he sentenced Grazioplene, owner of Extreme Sports, to four months in jail and five years probation.

The 43-year-old Batavia resident will serve an initial 15-day stretch and then serve the remainder of his term intermittently, from 8 a.m. Monday to 8 a.m. Wednesday every week until the four-month obligation is met.

He also was ordered to pay a $2,000 fine.

"I've sentence dozens of felony DWI cases every year," Noonan said. "Only a small portion of people are as good as you are, and only a small portion of people are as bad as you are. You are entirely two different people. We have letters from important people, leaders in the community. Community leaders think you're an entirely different person than you were on the night of this incident and at other times prior in your life."

Always prior to sentencing, defendants are offered a chance to make a statement, but many times defendants either decline to make a statement or say a few quick words about how sorry they are. But Mr. Grazioplene spoke for several minutes of his embarrassment and regret for the burden he's placed on people who rely on him.

"These people depend on me and I can do this (reform his conduct)," Grazioplene said. "Now I'm backed up against a wall and it's like fourth down and forever for me. Give me a chance to prove to that I can do this, and I will."

Noonan expressed some skepticism that Grazioplene can get past his bad behavior, but thought he deserved enough of a chance not to be locked up for six-straight months as District Attorney Lawrence Friedman requested.

"I'm going to give you enough taste of jail that you've got time to think about it," Noonan said. "You've got a hurdle ahead of you and it's a high one. You just told me you’re sure you can make it over that hurdle. I’m not so sure."

Following a tearful morning in court, a Caledonia woman is in jail after allegedly failing to abide by the terms of her release under supervision while awaiting sentencing for burglary in the second degree.

Nicole L. Green, 23, cried before Judge Robert Noonan entered the courtroom, weeped during a brief hearing, and cried while hugging a companion before being led away by a bailiff.

Green pled guilty Aug. 31 to burglary after being accused of stealing jewelry and guns from a friend's house in Le Roy. She also reportedly refused to return a borrowed car.

This morning, Green was not sentenced on that conviction.

Green, whom her attorney said is pregnant, reportedly missed appointments with Genesee Justice and failed to pass substance-use tests.

Attorney Ann Connor told Judge Noonan that because of her pregnancy, Green should be allowed to remain free, but Noonan flatly rejected the suggestion.

"The pregnancy would be at higher risk at liberty than in custody," Noonan said.

Kyle R. Thill, 20, of 1469 Lewiston Road, Alabama, is charged with driving while impaired by drugs, speeding (going 53 in a 40 mph zone) and unlawful possession of marijuana. Thill was reportedly stopped by Deputy Patrick Reeves at 1:16 a.m. on Nov. 1 on Knowlesville Road in Alabama.

Michael Willard Mairrose, 20, of 4111 S. Main St. Road, Batavia, was picked up on a DWI warrant from Town of Stafford Court. He was jailed on $500 bail.

James Valentino Brown, 20, of 162 Peck St., Rochester, is charged with criminal possession of marijuana. Brown was allegedly found in possession of marijuana while at College Village. He was jailed on $250 bail.

Jeremy Scott Yantz, 29, of 214 Ellicott St., upper, Batavia, is charged with DWI. Yantz was taken into custody on a warrant stemming from a previous arrest.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Winter teas, spices and fall colors for your home in stunning floral arrangements and seasonal wreaths are now available at Herbly Wonderful. We have a $25 gift certificate for $11.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Fall colors are here, and with Pudgie's you an cozy-fy your home with a range of decoration ideas. We have a $25 gift certificate for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

A driver involved in an accident on Walker Road last night apparently fled the scene and is still at large this morning.

A helicopter from the Erie County Sheriff's Department was brought in to help locate the suspect and law enforcement officers searched the area on the ground, but the suspect was not found by 2 a.m. and the search was called off.

Investigators are following up this morning, trying to contact the possible driver.

The plates on the car came back to a man from Hamilton, Ohio. A small amount of blood was found on the air bags.

The car came off the road at a curve and hit an embankment. Sheriff Gary Maha said the cause of the accident was likely unsafe speed.

Initial Report.
 

We're hearing reports again this morning of frosted, slick roads, especially, possibly, in the east part of the county.

There was some overnight precipitation with freezing temperatures (some might call it snow, but what we saw wasn't exactly light and fluffy).

The current temperature in Batavia is 29 degrees and expected to remain at or near freezing until 9 or 10 a.m. The temperature should climb into the 40s by early afternoon, with plenty of sun.

Within the past few minutes, two minor accidents in the Le Roy and Bergen area have been reported. In both cases, it sounds like cars slid off the roads.

A fire chief said, "We have snow covered roads. It's slippery. You can't see the double yellow line. You (dispatch) might want to call DOT."

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Bergen Fire, with Le Roy in mutual aide, is being dispatched to 17 North Lake Ave., Apt. 4, Bergen, for the smell of smoke and a circuit breaker that keeps tripping.

UPDATE 12:01 a.m.: Le Roy is being put back in service and being dispatched to a minor, non-injury, vehicle accident on Old State Road near Route 19.

UPDATE 12:15 a.m.: Bergen Fire is back in service.

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Alexander Fire and Darien Ambulance as well as law enforcement are being dispatched to a motor-vehicle accident at 2198 Walker Road.

The driver is reportedly trying to avoid detection. His air bags deployed and there is reportedly blood on the air bags.

The driver is trying to hide in some weeds.

UPDATE 11:31 p.m.: The car has Ohio plates. The driver is not currently in sight. Fire personnel are heading to the area with flares and night-vision goggles.

UPDATE 11:55 p.m.: Because of the size of the area, law enforcement has been unable to seal off the area. The search continues.

UPDATE 11:58 p.m.: A K-9 is not available. The State Police helicopter is being called in.

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A passerby reportedly found an unconscious person on Judge Road in Alabama who may have been struck by a motor vehicle.

The first firefighter on scene reported the individual was conscious by the time he arrived and was highly intoxicated, though may have been struck by a car.

Mercy Flight is on standby and Mercy EMS is in route.

Rain, sleet and snow didn't keep several hundred people from trying to get flu vaccinations today at County Building Number 2 in the Town of Batavia.

At one point, the line snaked outside and around the side of the building. Seniors, parents and children were waiting two or more hours for either a shot of the seasonal flu vaccine or the H1N1 nasal mist.

A winter storm of sorts started not long after the clinic doors opened, and by then the line  already stretched well outside the building.

"I was standing in the rain and snow out there a little while before and I was thinking, I'm going to get a flu shot to prevent getting sick and I'm going to get sick standing in line in the rain and the snow, so I wonder if it's really worth it," Walter Kershenski said. He also happens to be Stafford Town Clerk, and said he stood in line for more than two hours.

There were reports of people driving from Orleans, Monroe and even Chautauqua counties for the vaccinations, and apparently, nobody was being turned away for the free vaccines.

Interim Health Director Randy Garney said the Health Department was expecting to provide at least 500 doses of vaccine in two hours, but had received an extra shipment of seasonal flu and H1N1 vaccine just days ago.

"I figure, two hours, that's going to be about all we're going to be able to process, but we're going to keep the clinic open as long as there is a line," Garney said.

"With recent events that have taken place, we were expecting a large crowd," Garney said.

Rosemary Sero, of Oakfield, said all the reports of people getting sick with H1N1 and especially the death of a Pembroke student, has her feeling very cautious about taking care of her two young daughters.

"They're using a lot of hand sanitizer," she said. "They wash their hands a lot. I tell them not to touch their face."

A youth in Le Roy has been arrested by undercover agents for allegedly trying to buy an unlicensed handgun.

The youth is not being identified by the Sheriff's Office and the case is being turned over to family court.

Members of the Local Law Enforcement Drug Task Force were called into the investigation to help with the arrest after the Sheriff's Office learned that the youth was making inquiries in the Le Roy area about buying a gun.

The youth is being charged with attempted criminal possession of a weapon in the third degree.

The Batavia Muckdogs will have a new coaching staff for 2010.

Mark DeJohn, who led the Muckdogs to a NY-Penn League championship in 2008, will not be back. He's being replaced by Dann Bilardello.

Bilardello has served in the St. Louis Cardinals organization for the past three years as catching coordinator. Prior to that, he was a manager in the Red Sox and Dodger minor league systems.

The new pitching coach is Ace Adams, who filled that role in Quad Cities in 2009.

DeJohn remains in the Cardinals organization as a roving instructor.

If you haven't received a flu shot yet, you can do so today at County Building Number 2 on W. Main St. Road, Town of Batavia.

The walk-in clinic will be open from 2 to 4 p.m..

Seasonal flu vaccine is available for people 19 and older, and H1N1 vaccine is available for people 2 to 24 years of age, and for people 25 to 59 who care for or live with infants.

Vaccine supplies are limited.

Mary A. Brairton, 20, of 6790 Junction Road, Pavilion, is charged with aggravated DWI, aggravated driving with a BAC of .08 or greater, failure to reduce speed on a curve, leaving the scene, unlicensed operation and aggravated unlicensed operation. Brairton was allegedly involved in a motor vehicle accident on Bernd Road, Monday at 12:42 a.m.  and allegedly fled the scene. Brairton was reportedly found later by Deputy Frank Bordonaro at her residence and taken into custody.

David S. Taylor, 49, of 2384 Titus Ave., Rochester, is charged with DWI, speeding and moving from lane unsafely. Taylor was allegedly driving on Route 33 in the Village of Corfu on Sunday at 12:04 a.m. when he was allegedly seen by Village police traveling at a high rate of speed and swerve into the oncoming traffic lane.

Jackson St. Grill, 9 Jackson St., Batavia, NY: Try the fresh, skinless haddock fish fry on Fridays. We have a $10 gift certificate for $5.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5. (NOTE: Because of people recently doubling up on their Kravings purchases -- transactions we had to cancel and refund money on -- we have FOUR Kravings gift certificates available this morning.)

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $9.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

PLEASE READ: Reminder, please do not purchase the same gift certificate you've purchased within the past six months.  We have to refund your money and put the GC up for sale again on another day.

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