Skip to main content

Stories from

New Upstate vs. Downstate battle ground: How prisoners are counted

By Howard B. Owens

Felons can't vote, but they do, it appears, have a tremendous influence on New York State politics.

It turns out, where they live (like in a prison in Upstate New York) has some influence on how legislative districts are proportioned.

Some Downstate interests don't like the fact that NYC criminals housed in Upstate facilities get counted as Upstate residents.

There's a proposal in the State Legislature to change how prisoners are counted for legislative districting purposes.

Newsweek wrote about the issue recently.

Its prospects are good in the Democratic-controlled Assembly, but it may not get through the nearly evenly split State Senate, where seven districts, including those of two Democrats, would need to be redrawn due to insufficient population if they lost their prisoners in redistricting. The state senators from those districts contend that their constituents are absorbing a public need, not just government dollars, because the prisoners exact a toll on the surrounding areas. “Upstate communities accepted prisons for the economic benefit,” says Sen. Joe Griffo, “but there’s also other impacts, both positive and negative. The fire department, police department, and hospitals all have to respond to the prison and the inmates.”

...

Although the New York proposal, like the new law in Maryland, would affect only legislative redistricting, not state funding for social services, Griffo argues that political power always translates into government funding, so prison-heavy districts upstate have a real financial stake in preserving their claim on prisoners in redistricting. A spokesperson for Assemblyman Hakeem Jeffries, who sponsored the redistricting bill, characterizes that thinking as “the upstate prison-industrial complex,” protecting its own interests.

Photos: Town of Batavia's Harley Raffle party

By Howard B. Owens

In what may be the Town of Batavia's biggest party every year, the Volunteer Fire Department held its Harley Raffle at the Lewiston Road Fire Hall/Rec Hall last night. Hundreds of people were there enjoying live music from Seventh Heaven, food and a beer tent.

No word yet on who won the Harley.

UPDATE: Here's the winners:

1st $500.00 Ticket # 833 - Billy Ouweleen
2nd $500 winner Ticket # 1251 - Dave Winzig
3rd $500.00 ticket # 1358 - Scott Adams
4th $500.00 winner ticket # 976 Daniel Stiles
Grand Prize (Fatboy) goes to ticket # 2308 Linda Camp from Adams, N.Y.

A record 934 people attended the event.

Photos: County Fair Demolition Derby

By Howard B. Owens

Saturday night at the County Fair was demolition derby night.  I was there for two races and took some pictures. It was a big, muddy mess, but a lot of fun.

More pictures after the jump:

The driver here is being disqualified for getting out of his car before the race was officially declared over. The disqualification cost him second place. Two pictures below, he protests the decision.

Today's Deals: Delavan's, Stafford Trading Post, Clor's, Daily Grind and more

By Howard B. Owens

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.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

The Daily Grind, 85 E. Main St., Batavia, NY: For Batavia's finest coffee, smoothies, as well as fast and convenient breakfasts and lunches, stop into The Daily Grind. We have a $10 gift card for $5.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

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.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

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.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

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.

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

SOLD OUT

Photo: Juggler at the County Fair

By Howard B. Owens

After taking pictures at the demolition derby, I spotted this guy doing a little juggling as I left in the food vendor area.

I'll post derby pictures, and Town of Batavia Fire Department raffle/party pictures on Sunday.

Weather: Severe thunderstorm watch until 10 p.m.

By Howard B. Owens

I've been contacted by members of the Town of Batavia Fire Department wanting me to remind you that no matter the weather -- sun, rain or even tornado -- the Harley Raffle event at the Fire Hall will go on as planned.

Last year, there was a tornado in Corfu just hours before the event, followed by an absolute torrential downpour during the festivities.

More extreme weather is going to hit the party this year -- and they tell me that won't keep the Town of Batavia Fire Department from partying on.

A severe thunderstorm watch has been issued by the National Weather Service and the storm is expected to hit Batavia.

The watch is in effect until 10 p.m

The Town of Batavia event begins promptly at 7 p.m.

No word, however, on how the weather will effect the Genesee County Fair's hugely popular Demolition Derby, scheduled for 7 p.m.

Two arrests, 14 citations at Darien Lake Goo Goo Dolls concert

By Howard B. Owens

The following arrests and citations were reported in conjunction with the Goo Goo Dolls concert Friday night at Darien Lake Theme Park.

Robert M. Pekarski, 22, of Getzville, is charged with assault, 3rd. Pekarski allegedly punched another concertgoer in the mouth, causing a cut.

Officials were unable to determine the identity and age of one reportedly highly intoxicated person. He was charged with disorderly conduct and jailed on $350 bail.

The following people were cited for allegedly possessing alcohol under 21 years of age.

Alex J. Greco, 19, of Whitestone Lane, Lancaster
Matthew M. Deboth, 18, of Mapleview Road, Cheektowaga
A 17-year-old, of Old Farm Circle, Williamsville
Michelle L. Hecht, 19, of Red Oak Drive, Williamsville
Laura E. Lenk, 18, of Robin Hill Drive, Williamsville
A 17-year-old, of Sand Stone Court, Clarence
A 17-year-old, of Richmond Avenue, Buffalo
A 17-year-old, of Wrench Trail, Williamsville
Luke S. Klee, 18, of Cherry Tree Lane, Orchard Park
A 17-year-old, of Lakeridge South, Orchard Park
Kevin M. Prise II, of Henning Drive, Orchard Park
Matthew P. McLaughlin, 18, of  Poplar Avenue, Orchard Park
Justin M. Moracci, 18, of 71 E. Abbott Grove, Orchard Park
Douglas H. Henning, 19, of  S. Lincoln Avenue, Orchard Park

Accident in Darien sends one person to the hospital

By Howard B. Owens

One person was taken to a hospital following an overnight accident on Route 77 near Reynolds Road in Darien.

One of the drivers, Bennett L. Goldstein, 19, of 257 Pennsylvania St., Buffalo, was cited for allegedly following too close, which Deputy Kevin McCarthy says is what caused the accident.

Transported to UMMC was Clayton B. Hoyt, 18, a passenger in Goldstein's 2003 Dodge SUV.

Also reportedly injured, but not transported, was Courtney A. Anthony, 21, of 216 Hampton Road, Syracuse. Anthony was the driver of the second vehicle.

The accident was reported shortly after midnight.

Akron man accused of raping 14-year-old girl in Corfu

By Howard B. Owens

A 20-year-old Akron man is accused of raping a 14-year-old girl in a Village of Corfu parking lot.

The alleged incident occurred in June 2009.

Randy A. Reiss Jr., of 23 Danita Drive, Akron, is accused of serving the girl several wine coolers and then having forcible sexual intercourse with her in a parked car on West Main Street, Corfu.

Reiss is charged with rape, 1st, rape, 2nd and unlawfully dealing with a child, 1st.

The defendant was arraigned in Corfu and is scheduled to appear in the Corfu Village Court again at 6 p.m. on Aug. 3.

The year-long investigation was conducted by Investigator Timothy Weis, Deputy Loni Nati and Deputy Patrick Reeves.

Duck owner's case continued so he can hire an attorney

By Howard B. Owens

In the other bird matter on the Batavia City Court docket this morning, Oak Street resident Ron Graziaplena appeared before Judge Robert Balbick to answer to charges that his duck pond is in violation of a variance permit.

Graziaplena is also accused of various other code violations.

After entering a not guilty plea, Graziaplena was informed that he was entitled to an attorney to represent him in the matter.

Graziaplena asked for a continuance of his case to Aug. 20 so that he get an attorney.

"I don't know who I'm going to get," Graziaplena.

He said he couldn't afford an attorney, but Balbick said that because these alleged violations are not under penal law, Balbick couldn't offer a court-appointed attorney.

Previously: Dispute over ducks, other complaints, has Oak Street man headed to court.

Latina's property manager not in court, arrest warrant issued

By Howard B. Owens

Tom Lewin is a wanted man.

Lewin, representative of LKLWL Properties, did not appear in Batavia City Court this morning on the matter of alleged code violations at the former Latina's Market property and Judge Robert Balbick issued a warrant for his arrest.

Meanwhile, attorneys for IPTV-B-C-45, LLC, the current mortgage holder on the property at 45 Ellicott St., did appear in court.

Franklin Hiller, attorney for the mortgage company, said that IPTV, not LKLWL as previously indicted by Lewin, hired PestRX to evaluate the gull issue at Latina's and come up with a plan for deal with the issue.

To implement that plan, which was turned over to the court by the attorney for IPTV, will cost IPTV $16,600. It will involve cleaning bird debris off the 41,580-square-foot roof, power washing the sides of the building, cleaning drains and putting in new drain covers, and implementing an "exclusion" procedure to deter the gulls from coming back.

The exclusion method was not specified.

"We intend to put forward our best effort and resolve this issue and put it right with the city," Hiller said.

As mortgage holder -- having only recently been assigned the mortgage, Hiller said --  IPTV has the right to protect its financial interest in the property and insure the building is well maintained.

Without IPTV stepping in now to try and resolve the issue, IPTV could ultimately face a bigger bill down the road.

"The cost of any fines or penalties or the cost of the city's remediation would ultimately come out of the mortgage holder's pockets," Hiller said.

One potential stumbling block is that before PestRX will begin work, Lewin must sign a liability waiver.

Outside of court, another attorney for IPTV, Mary Redmond, said that one way or another, IPTV will handle the issue.

As for Lewin, Judge Balbick wants to see him in court.

"The defendant will answer in my court independent of what you (Hiller) do," BaIbick said. "It’s imperative that this man appear in city court."

City Manager Jason Molino said the city will actively pursue the warrant against Lewin to ensure he appears before Balbick to answer the code violation charges.

Photo: Franklin Hiller, courtesy Geoff Redick, WBTA.

Police Beat: Teens accused of stealing latex gloves from Alexander School

By Howard B. Owens

Lucas David Trzecieski, 18, of Broadway Road, Alexander, is charged with criminal trespass, 3rd, and petit larceny. Trzecieski is accused of being on Alexander School property without permission and of stealing latex gloves. A 17-year-old from Attica was also charged.

Jason L. Adams, 66, of Batavia, is charged with assault, 3rd. Adams was arrested by State Police at 5:17 p.m., Wednesday. No further details were released.

Western OTB CEO announces retirement after 29 years

By Howard B. Owens

After 29 years of driving Western Regional Off-Track Betting, Martin Basinait is stepping down as CEO.

Basinait announced his retirement to the OTB board in a letter yesterday.

His legacy will be the revival of Batavia Downs. It was Basinait who convinced OTB to buy the vacility and bring back horseracing.

Dick Seibert said it was also Basinait who championed the addition of video lottery terminals.

"Horseracing is a declining industry and there's nothing you can do about it," Seibert told WBTA. "Without the VLTs, we would be facing a dismal future. We have a bright future now."

Basinait's resignation is effective in February 2011. The board will now begin the search for a new CEO.

Today's Deals: Larry's, Kraving's, Alex's, O'Lacy's, Center Street, and more

By Howard B. Owens

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

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.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

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.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

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.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

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

SOLD OUT

Batavia-based drug dealer admits to crime in federal court

By Howard B. Owens

A Batavia-based drug dealer admitted in U.S. Federal Court today that he was involved in the distribution of methamphetamine, cocaine and marijuana.

Kenneth Munnings, 44, faces a maximum federal penalty of 20 years in prison and a fine of $1 million after telling U.S. District Judge Charles J. Siragusa that he was guilty of conspiracy to possess, with intent to distribute, illicit drugs, and to distributing them.

The charges stemmed from a joint federal, state and local wiretap investigation that revealed Munnings was responsible for obtaining significant quantities of meth, cocaine and marijuana from a drug-trafficking network in Rochester, according to U.S. Attorney Brett A. Harvey. Harvey said Munnings then redistributed the drugs in Genesee County.

The investigation uncovered Munnings dealings from 2006 through October 2008.

Munnings will be sentenced at 4 p.m., Nov. 1, in Rochester.

Police Beat: Tussle on Council House Road leads to two arrests, so far

By Howard B. Owens

Cara L. Skye, 22, of South Loop, Steamburg, and Stormy Skye, 18, of Skye Road, Basom, are accused of being involved in an altercation at 4:14 a.m., Wednesday, in the area of Council House Road and Meadville Road, Town of Alabama. Cara Skye is accused of punching a woman and taking away her mobile phone while she was attempting to call 9-1-1. Cara Skye's brother, Stormy Skye, allegedly took the phone and smashed it on the roadway. Cara Skye is charged with robbery, 3rd. Stormy Skye is charged with criminal mischief, 4th. The investigation is continuing and additional arrests are anticipated. The investigation is being handled by Deputy Kevin McCarthy, Inv. Roger Stone, Inv. Kris A. Kautz, Inv. Timothy Weis and Juvenile Officer Christopher Erion.

Michael C. Hill Jr., 18, of 25 Bacon St., Le Roy, is charged with one count of criminal possession of a weapon, 4th. Sgt. Timothy Hayes and Det. John Condidorio investigated a report of a disturbance in Mill Street Park. It was alleged that Hill was at the park discussing an issue with another person. The talk became heated and Hill allegedly pulled out a four-inch hunting knife. Somehow, Hill was disarmed. The police were called. The knife was located in Oatka Creek.

Michael J. Hilton, 19, no permanent address, was picked up by Le Roy Police on a bench warrant for alleged failure to comply with terms of his release. Hilton previously pled guilty to burglary, 3rd. Hilton was jailed pending an appearance in Genesee County Court.

James M. Alvut, 46, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Alvut was stopped by State Police at 5:15 p.m., Tuesday, on Bank Street Road, Batavia.

A 16-year-old Elba resident is charged with disorderly conduct and obstructing traffic. The youth was arrested by State Police for an alleged incident in Elba at 9:07 p.m., Saturday. No further details were released.

Authentically Local