crime

A 40-year-old Le Roy resident has been arrested, accused of growing marijuana without a license, which is a misdemeanor under York State Public Health Law.

Jose A. Martinez Jr., was also charged with criminal possession of marijuana, 5th, and criminal possession of a controlled substance, 7th.

While Title 7, Section 3382 of NYS Health Law makes it a crime to grow cannabis without a license, a Google search finds no provision in New York for obtaining a license.

Martinez was issued appearance tickets for Town of Le Roy Court and released following his arrest.

The bust came following an investigation by the Local Drug Task Force along with Le Roy Police, leading to the execution of a search warrant in the Village of Le Roy at the residence of Martinez on March 11.

Martinez was allegedly found in possession of a quantity of marijuana, a quantity of Darvocet and Ambien along with six marijuana plants.

UPDATE: I did find a reference on the NORML site that notes that the DEA has the ability to license -- though they never do -- farmers to grow hemp.

UPDATE: Article 33, Title 7 is the Controlled Substance Act, and it does contain provisions for licensing the manufacture and distribution of controlled substances. That seems to be the sections that apply here.

Matthew Joseph Stefani, 21, of Dodgeson Road, Alexander, is charged with harassment, 2nd. Stefani is accused of pushing another person to the floor during an incident at 3:19 a.m., Saturday.

Ronald M. Schutt Jr., 25, of Washington Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding (95 mph in a 55 mph zone), moving from lane unsafely, unlicensed operator, refusal to take breath test. Schutt was stopped at 3:36 a.m., Saturday, on Route 63, Town of Batavia, by Deputy Howard Carlson.

Christopher Aaron Saddler, 27, of Lydun Drive, Albion, was arrested on a warrant related to an aggravated unlicensed operation charge. Saddler was a passenger in a vehicle stopped for an alleged traffic violation in the Town of Oakfield. He was wanted on a warrant out of Batavia City Court and turned over to Batavia Police.

Michael Anthony Sweet, 25, of Walden Creek Drive, Batavia, is charged with unlawful possession of marijuana. Sweet's car was stopped at 1:43 a.m., Saturday, in the area of 5267 Route 33, Batavia, by Deputy Patrick Reeves. Reeves reported that he could smell the odor of burnt marijuana coming from the car. Sweet, the report reads, "eventually produced the suspected marijuana." 

Amy Elinore Bluhm, 23, of Morrow Road, Covington, is charged with aggravated unlicensed operation, 3rd. Bluhm's vehicle was stopped by Sgt. Greg Walker for allegedly traveling 70 mph in a 55 mph zone. Upon investigation, it was determined that Bluhm was allegedly driving on a suspended license and had a warrant out for her arrest. Bluhm was jailed on $500 bail.

Rebecca Ann Piechowiak, 21, undisclosed address, Darien, is charged with petit larceny. Piechowiak is accused of shoplifting from Target on at least three separate occasions. 

Michael Todd Dibble, 19, of Indian Falls Road, Pembroke, is charged with unlawful dealing with a child and unlawful possession of marijuana. Dibble is accused of hosting an underage drinking party at his home.

John E. Hehnen, 55, of Dorsch Road, Akron, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hehnen was stopped at 12:23 a.m. Sunday on Akron Road, Town of Pembroke, by Deputy Jason Saile.

Edwin Leroy Stancliff, 31, of Alleghany Road, Pembroke, is charged with a felony count of DWI, driving with a BAC of .08 or greater (second offense), failure to keep right, unlicensed operation, aggravated unlicensed operation. Stancliff was stopped at 1:44 a.m., Sunday, in the area of 1405 Little Falls Road, Pembroke, by Deputy James Diehl.

George Aden Vancleef, 48, of Oak Street, Akron, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights and driver's view obstructed. Vancleef was stopped at 12:36 a.m. Sunday on Akron Road, Pembroke, by Deputy Patrick Reeves.

Andrew L. Dailey, 28, of Washington Street, Spencerport, is charged with a felony count of aggravated DWI, a felony count of driving with a BAC of .18 or greater, moving from lane unsafely. Dailey was allegedly spotted in his car stopped in the middle of the intersection of Roanoke and Sweetland roads, Stafford, at 10:12 p.m. Saturday by Deputy Matt Butler.

A 17-year-old resident of Fairport is charged with unlawful possession of marijuana. The youth was stopped for alleged traffic violations at 5:31 p.m. Sunday, on I-490, Bergen, by Deputy Patrick Reeves. Reeves alleges that he could smell the odor of burnt marijuana come from the car. The youth was allegedly found in possession of marijuana.

Richard Dewey Smith, 18, of Macedon, is charged with unlawful possession of marijuana. Smith was a passenger in a car stopped for alleged traffic violations at 5:31 p.m. Sunday, on I-490, Bergen, by Deputy Patrick Reeves. Smith was allegedly found in possession of marijuana.

A 16-year-old from Ontario is charged with unlawful possession of marijuana. The youth was a passenger in a car stopped for alleged traffic violations at 5:31 p.m. Sunday, on I-490, Bergen, by Deputy Patrick Reeves. Smith was allegedly found in possession of marijuana.

Anthony James Aina, 39, of Allen Road, Albion, is charged with DWI, refusal to take breath test and consumption of alcohol in a vehicle. Aina was stopped at 12:47 a.m. Monday on Oak Orchard Road, Elba, by Deputy James Diehl.

Ronald M. Odessa, 38, of Batavia, is charged with DWI and a one-way road violation. Odessa was stopped at 2:20 a.m. Saturday in the City of Batavia by State Police.

The Local Drug Task Force busted a suspected drug dealer late Friday night and it turns out to be the same man who was wounded in an unexplained shooting on Indian Falls Road nearly a year ago.

Taken into custody was Carlos A. Torres Jr., 35, of West Main Street, Batavia.

He was stopped at 9:45 p.m. on Lyon Street, City of Batavia, for suspected traffic violations. He was found to allegedly be driving under the influence of drugs and allegedly carrying cocaine, crack and heroin with an estimated street value of more than $7,000. 

"The weight of the powder cocaine, along with the number of bags of both crack and heroin, on top of his $4,000 (in cash), is significant for this county," said Sgt. Steve Mullen, head of the task force.

Torres came to the attention of investigators in May 2010 when he showed up at UMMC with gunshot wounds. 

At the time, he claimed he had been walking down Indian Falls Road when a car pulled up behind him, somebody demanded his wallet, then shot him. He called a friend who drove him to the hospital.

At the time, investigators couldn't corroborate his story. No shell casings were found in the area and no witnesses were located.

Eventually, Torres became the target of a drug investigation, which lasted about six months.

Torres was charged with one count of inadequate muffler, one count of improper or unsafe turn, one count of driving while ability impaired by drugs, one count of unlawful possession of marijuana, three counts of criminal possession of a controlled substance, 3rd (intent to sell), and two counts of criminal possession possession of a controlled substance, 3rd (aggregate weight of the powder cocaine and crack).

Participating in the investigation and arrest were uniformed members of the Sheriff's Office, City of Batavia Police, Orleans County Major Crimes Task Force and the Gensee County District Attorney's Office.

A Batavia resident -- found by agents of the Local Drug Enforcement Task Force in possession of numerous packages of heroin -- entered a guilty plea this afternoon to a charge of criminal possession of a controlled substance, 5th.

Jarrett James Locicero, 21, of 320 W. Main St., admitted in Genesee County Court that he possessed heroin with the intent to sell it.

When he was arrested in mid-March, Locicero also possessed some marijuana, packaging for narcotics, a gravity knife and $4,000 in cash.

As part of a plea deal, Locicero will complete 28 days in substance-abuse treatment at Hope Haven. There were no conditions placed on his sentence. He will be sentenced following completion of treatment.

After a warrant was issued in March, Locicero was located in his car on Clinton Street, Batavia, and stopped by members of the task force and uniformed deputies. His apartment was also searched.

Following his arrest, Locicero was jailed without bail. He appeared in court today dressed in an orange jail jumpsuit.

His attorney, Earl Key, agreed to transport Locicero personally from the jail to the treatment program.

John Terry Boyce, 22, of Maple Avenue, Oakfield, is charged with unlawful imprisonment, 2nd, criminal obstruction of breathing or blood circulation, endangering the welfare of a child and harassment, 2nd. Boyce is accused of choking his girlfriend during an argument at 10:50 a.m., Thursday. He allegedly refused to let her leave the bedroom while holding their 1-year-old son in his arms.

Matthew L. Nagle, 22, of 34 Parkway Drive, North Chili, is charged with petit larceny. Nagle is accused of shoplifting from a supermarket in Le Roy.

Jason H. Freeman, 29, of Alden, is charged with petit larceny. The alleged crime took place in Alabama at 3:57 p.m., March 16. Freeman was arrested at the Genesee County Jail by State Police. No further details released.

Attorney Jerry Ader told a jury this afternoon that the case against his client rested on whether they believed the woman who claimed the defendant attacked her at knife point in her State Street apartment on Aug. 30.

After less than an hour of deliberation, the jury found Robert Thigpen III, 35, of 287 Flower City Park, Rochester, not guilty on all charges.

Thigpen was arrested in Batavia on Aug. 30 and charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. 

"There are only certain things can all agree on," Ader said as he began his closing argument. "We can agree Thigpen is black and Morgan is white, and that’s the only thing we can agree on in this case. There is nothing (else) about this case that is black and white."

Ader said if the jury didn't believe Christy Morgan's version of events, there was no physical evidence supporting the case against Thigpen. There were no fingerprints on the knife allegedly used by Thigpen, which was put back in a knife rack in the kitchen, and no evidence Morgan was harmed. He also said that there was no evidence a car parked two blocks from the alleged crime scene belonged to Thigpen.

Thigpen also allegedly made threatening and harassing phone calls to Morgan after his arrest. Ader said there was no evidence to support those claims either.

In his closing arguments, District Attorney Lawrence Friedman said police found Thigpen not far from the scene hot and sweaty -- perhaps he had been running, Friedman suggested -- after first being seen as he approached a car parked on Alva Place.

He suggested it isn't reasonable for there to be an answering-machine recording of mobile phone conservations and said, contrary to what Ader argued, that Morgan did not claim she received text messages.

Friedman also noted there was expert testimony explaining why that particular knife Thigpen was accused of using wouldn't have fingerprints on it.

What the defense was really trying to do, Friedman argued, was put the victim and the police on trial.

"People who lie have a reason to lie," Friedman said. "Why would she be making this up? This was her boyfriend a month earlier, so why would she make it up?"

Morgan testified that she went outside the evening of Aug. 30 to take her trash out and a man was hiding by the basement door of her apartment building. He then forced his way into her apartment, pushed her around, choked her, then grabbed a knife from the kitchen and threatened her with it for about a minute. He then put the knife back in its place in the kitchen and left.

Morgan testified that Thigpen was accusing her of being involved with another man.

She said didn't call 9-1-1 herself because a few days before she had dropped her phone in some Kool-Aid, so the buttons were stuck. She used the recent call list to call two friends and asked them to call 9-1-1.

The trial took only one day -- jury selection was Monday and opening arguments began shortly after 10 a.m., Tuesday.

More than a year after his arrest, a 33-year-old Warsaw man was told today that he will spend a year in prison for grand larceny for his part in a complicated scheme to steal from employers and customers at three different Batavia businesses.

As part of his plea agreement, Dustin Hurlburt paid $14,739.92 in restitution to his victims.

Hurlburt was accused of making more than $22,000 in purchases at Armor Building Supply, where he worked, using credit card numbers he obtained while employed as a full-service gas station attendant.

The purchases were made for a local building site, where Hurlburt acted as a contractor. He then billed the customers for the items he bought using the stolen credit card numbers.

The alleged purchases were made between October 2009 and December 2009. 

In connection with that case, Nicholas Salvador, 46, of 20 Park Ave., Batavia, owner of East Main Sunoco, was charged in federal court with fraud. Those charges were quickly dismissed.

Meanwhile, a Rochester law firm, Leclair Korona Giordano Cole, LLP, announced today that their client, Robert Burt, won a civil case in which he was being sued by victims of a "Ponzi scheme" centered in Perry and reportedly run by Hurlburt.

In connection to that case, Hurlburt entered a guilty to federal mail fraud charges charges in 2005. The scheme operated from 2001 through 2003.

A Rochester man, who was reportedly found in Batavia with 22 bags of crack cocaine when he was arrested in August, admitted to possessing a controlled substance in Genesee County Court this morning.

Willie J. Woods Jr., 36, entered a guilty plea of criminal possession and possession of a controlled substance, 5th. He faces up to two and a half years in state prison when he is sentenced June 20.

Woods was stopped in August by members of the Local Drug Task Force and uniformed deputies before pulling onto the Thruway. 

His arrest was the culmination of an investigation to the sale and distribution of cocaine in Batavia.

Woods was allegedly found with $2,000 cash on him at the time of his arrest.

A 35-year-old Byron resident is facing 101 charges related to possessing and receiving prescription drugs in four Genesee County jurisdictions.

Sege D. Kalmbacher Sr., was taken into custody by the Local Drug Task Force and arraigned in City of Batavia, Town of Batavia, Le Roy and Pembroke. He was jailed on $50,000 bail.

Kalmbacher was identified as a suspect during an investigation into the theft and use of prescription drug forms. The case began when Le Roy Police received a complaint from a pharmacy in the village of somebody using a forged prescription.

A computer was reportedly used to create the prescriptions.

Task force investigators allege that Kalmbacher was able to successfully fill several prescriptions for narcotics at area pharmacies using the forged forms going back to December.

Kalmbacher was charged as follows:

City of Batavia: Eight counts of criminal possession of a controlled substance, 3rd, for receiving narcotics on nine different occasions; eight counts of possession of a forged instrument, 2nd; eight counts of criminal possession of stolen property, 5th; eight counts of criminal possession of a forged instrument; and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Town of Batavia: Nine counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on nine different occasions in the Town of Batavia; nine counts of possession of a forged instrument, 2nd; nine counts of criminal possession of stolen property, 5th; and nine counts criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Village of Le Roy: Three counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on four different occasions in the Village of Le Roy; four counts of possession of a forged instrument, 2nd; four counts of criminal possession of stolen property, 5th; and four counts of criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Town of Pembroke: Four counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on four different occasions occasions occasions in the Town of Pembroke; four counts of possession of a forged instrument, 2nd; four counts of criminal possession of stolen property, 5th; and four counts of criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

In Pembroke, Kalmbacher was also charged with 27 counts of computer trespass for using a computer he did not have permission to use to create prescription drug forms.

David Lee Brown, 19, no permenant address, is charged with uninspected motor vehicle, unregistered motor vehicle, uninsured motor vehicle, improper license plates and unlawful possession of marijuana, plus he was arrested on a felony warrant. Brown was stopped during a Buckle Up New York traffic detail. During the investigation, he was identied as wanted on a warrant out of Monroe County for alleged violation of probation. During a search of his vehicle, Sgt. Tom Sanfratello and Deputy Chris Parker reportedly found a glass pipe with marijuana in it.

Gregory John Campbell, 43, of Alexander, is charged with criminal possession of a controlled substance, 7th. Campbell was allegedly found in possession of a controlled substance without a prescription. Campbell was jailed on $500 bail.

Joshua M. Gaudiso, 22, of Fillmore Avenue, Caledonia, was charged with endangering the welfare of a child and arrested on a warrant. Gaudiso was released after paying an outstanding fine.

Zoe Ann McClure, 41, of South Swan Street, Batavia, is charged with petit larceny. McClure is accused of shoplifting from Kmart at 5:51 p.m., Monday.

A driver involved in a fatal car accident on West Main St. Road, Batavia, on Feb.  8 has received two traffic citations and been charged with reckless driving.

Levert Kimble, 21, of 3456 West Main St. Road, Batavia, who was also seriously injured in the head-on collection with an SUV, was cited for failure to keep right and not wearing a seat belt.

Delores Opuku-Boateng, 19, a student at Genesee Community College and a passenger in Kimble's car, died at the scene of the accident.

The other driver, Justin J. Jaszko, 31, suffered only minor injuries.

According to investigators at the time, the accident occurred at 9:02 a.m. when Kimble apparently lost control of his eastbound Honda and crossed over the center of the road, striking Jaszko's westbound 1995 Chevy Suburban.

Frank James Davis, 31, of East Rochester, is charged with petit larceny. Davis is accused of entering the Totem Pole Smoke Shop at 10:50 a.m., March 3, loading 15 cartons of cigarettes into a basket, then walking past cashiers and then running out of the store without paying for the cigarettes. The cigarettes are valued at $502 and the basket is valued at $10.

Davis is also accused of stealing $204 worth of Winston Lights on the same date from Arrow Hawk Smoke Shop. Davis was charged with petit larceny for that alleged crime.

Jennifer L. Coombs, 27, of 103 West Main St., Le Roy, is charged with criminal mischief, 4th. Coombs is accused of slashing three tires on a car in November.

Andrew Paul Dentinger, 20, of Broadway Road, Alexander, is charged with unlawful dealing with a child. Dentinger is accused of hosting an underage drinking party. Deputies responded to an address on Broadway Road, Alexander, at 12:58 a.m., Saturday to investigate the party.

David A. Burr, 23, of Elba, is charged with criminal mischief, 3rd. Burr is accused of intentionally damaging the front door of T.F. Brown's restaurant at 1:40 a.m., Sunday. Burr was jailed without bail.

Janie B. Burgess, 57, of 7 Maureen Drive, Rochester, is charged with DWI, unsafe turn. Burgess was stopped at 10:13 p.m., Saturday, on Oak Street by Officer Chris Camp. Burgess was jailed on $500 bail.

Daniel G. Crane, 34, of 9395 Upton Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate lights. Crane was stopped at 12:52 a.m., Sunday, on Main Street by Officer Dan Coffey.

Mark D. Hoerbelt , 42, of 152 State St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlights. Hoerbelt was stopped at 12:43 a.m., Friday, on West Main Street by Officer Matthew Fleming.

A 16-year-old resident of Wood Street, Batavia, is charged with petit larceny. The youth is accused of stealing an iPod in January while at Batavia High School. The youth was jailed on $1,000 bail.

Jennifer L. Stack, 25, of 12 Oak St., is accused of failing to pay a fine. Stack was convicted in May on an unnecessary noise charge. She was released on $100 bail but allegedly failed to appear at her next court appointment.

Scott C. Brown, 22, and Ashley M. Yunke, 31, of 11 1/2 Wood St., are charged with criminal nuisance. Brown and Yunke are accused of hosting a party where people under 21 were allowed to drink. They were arrested at 12:20 a.m., Sunday. They were jailed on $500 each bail.

Amanda A. Barclay, 23, of Oakfield, is charged with false report of an incident, 3rd. The alleged incident occurred at 4:27 a.m., March 18, in the City of Batavia. Barclay was arrested by State Police on Thursday. No further details were released.

Jared C. Reese, 31, of Stafford, is charged with controlled substance not in original container and criminal possession of a controlled substance, 7th. Reese was stopped by State Police at 6:09 p.m., Thursday, on Route 33, Stafford. No further details were released.

Batavia Police responded to an incident at Batavia High School on Thursday involving a student allegedly hitting a teacher.

The student -- who, because of his age, the police cannot release his name -- got into a confrontation with a teacher and hit her in her body. Other adults on staff got involved in restraining the student, according to Det. Todd Crossett.

The case will likely be referred to the County Attorney's office and will wind up in Family Court.

In connection with the incident a drawing by the student was found that depicted something that Crossett characterized as "an unrealistic scenario."

"It wasn't a picture that showed him using guns, or something that could be possible," Crossett said. "It showed unrealistic things. I'm not necessarily going to take it as, 'I'm going to do these things.' It wasn't a threat to anybody in the school or the school (facility)."

Because of the age of the youth, Crossett said there will be no releases from the police department on the disposition of the case. Family Court cases are closed to the public.

Joanna M. Morgan is indicted on charges of DWI, driving with a BAC of .08 or greater, endangering the welfare of a child and a felony count of DWI (DWI with a child in the car, or "Leandra's Law"). Morgan is accused of driving drunk with a child under 15 in the car on Dec. 12 in the Town of Le Roy.

Ricky D. Newbould is indicted on charges of felony DWI and felony driving with a BAC of .18 or greater. Newbould is accused of driving drunk on Dec. 18 while in the Town of Elba.

Tamara L. Butler is indicted on charges of  DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation, 1st. Butler is accused of driving drunk on Aug. 7 in the Town of Oakfield.

Charles W. Wilder is indicted on charges of felony DWI and felony driving with a BAC of .18 or greater. Wilder is accused of driving drunk on Oct. 24 in the Town of Oakfield.

Timothy J. Wood, 22, of 4 N. Spruce St., Batavia, is charged with two counts harassment, 2nd. Wood is accused of grabbing one person and attempting to strike another following a verbal argument at 12:30 a.m.

Wendy L. Mucher, 41, of 27 Valle Drive, Batavia, is charged with petit larceny. Mucher is accused of stealing merchandise valued at $86.03 from an unspecified location.

A pair of Rochester men were allegedly found in possession of $3,000 in cocaine in Batavia yesterday and charged with two counts of criminal possession of a controlled substance.

The Local Drug Task Force identified the men as possible cocaine dealers and investigators received a search warrant for their car.

Taken into custody were Marcial S. Borgos, 61, of Bonesteel Street, and Jose A. Torres, 52, of Ernst Street.

Task force members as well as uniformed deputies participated in the search of the car.

Investigators allegedly found more than an ounce of cocaine.

K-9 "Pharaoh" participated in the search.

Borgos and Torres were jailed without bail.

Philip M. Niccloy, 24, of 75 Summit St., Le Roy, is charged with unauthorized use of a vehicle, 3rd. Niccloy allegedly took a GMC truck belonging to another person without permission. That night, Niccloy was allegedly involved in a single-vehicle accident on North Street Road. He was previously charged with leaving the scene of a property damage accident. Niccloy was released under supervision of Genesee Justice.

William Gordon Schultz, 37, of Evans Street, Batavia, is charged with failure to pay a fine.

David Richard Beedham, 43, of Randall Road, Le Roy, is charged with sexual abuse, 1st. Beedham is accused of touching the private area of a girl under age 11.

Mark Bryon Livingston, 53, of Wake Robin Terrace, West Henrietta, was arrested in Genesee County on a bench warrant for allegedly operating a car with a suspended registration.

Eric T. Weis, 28, of 9 N. Lyon St., Batavia, is charged with criminal obstruction of breathing or blood circulation and three counts of endangering the welfare of a child. Weis allegedly grabbed another person around the throat in front of three children while on MacArthur Drive. The alleged incident happened on Tuesday, Weis turned himself in on Wednesday.

Benjamin G. Evans, age unknown, of 8204 Park Road, Batavia, is charged with criminal possession of a controlled substance. Evans was arrested on a  bench warrant issued out of city court for alleged failure to comply with conditions set by the court. Evans was jailed on $50,000 bail.

Lamar T. Anderson, 27, was sentenced in Genesee County Court this afternoon to four years in prison, followed by 10 years of supervision, for raping a Batavia woman last year.

Anderson pled guilty in October.

"At that time, I advised you to cooperate with probation and abide by all other warnings and components," Judge Robert Noonan said to Anderson.

"At a previous meeting for your sentencing, it was evident that Anderson did not get it and refused to get a sexual-offender evaluation and a substance-abuse evaluation as well."

Noonan said that the case has been adjourned several times to obtain those evaluations.

Anderson has since been evaluated and District Attorney Lawrence Friedman said today that the report is unlike most other reports he has come across.

"With all due respect... this is not (the kind of) an evaluation I'm used to seeing," he said. "It is woefully inadequate and really doesn't address what is necessary and is of no benefit to this court as far as making a determination."

Anderson's attorney, William Tedford, disagreed.

"To address Mr. Friedman's opinions about (the report) I would respectfully disagree," he said as he flipped through and read a few short excerpts out loud.

Reading from the evaluation, Tedford said, "He (Anderson) makes several impressions that he was cooperative and readily provided information that there is high hope that he can live an offense-free life in the future...he is not a predator-type offender...he acknowledges responsibility for his offenses."

Tedford admitted to Judge Noonan that Anderson has become a client that he is "...the closest with during my year in this office. He is an intelligent and well-mannered individual and he has opened his eyes since you incarcerated him. I hope that you will see that today."

Tedford asked that the year Anderson has already spent behind bars be considered sufficient and if Anderson could be given the opportunity to prove himself through probation only.

When Judge Noonan asked if Anderson had anything to say, Anderson said quietly, "I just know I made a big mistake. I'm doing everything and am trying to get better."

After Anderson spoke, Judge Noonan gave his sentence, saying that he disagreed that Anderson's actions can simply be considered a mistake.

"A mistake is something that is much more transitory and requires much less time and much less absence of judgement," he said.

"You committed a very violent sexual offense for which you do not take responsibility and minimize your involvement...Your attitude at every point during these times tells me that you need to be segregated from society for some period of time."

Noonan imposed a four-year sentence to be followed by a 10-year post-release supervision period. Anderson was also ordered to pay a number of fees. He has the right to appeal the judgement within 30 days.

UPDATED 4:59 p.m.

After losing his home in a county tax-lien foreclosure, Paul Ray Hogle apparently decided he couldn't do without his kitchen cabinets.

Hogle is accused of stealing the cabinets from 103 Lake St., Le Roy, after Genesee County took possession of the house.

He's been charged with grand larceny, 4th.

According to County Treasurer Scott German, Hogle asked for permission to re-enter the house after the county took possession of the property to retrieve a few more personal items.

Personal items didn't include anything attached to the house, such as the cabinets, according to German.

The cabinets were discovered missing shortly after the auction, when the winning bidder, Jason Shue, went by the house and looked in the windows and noticed the cabinets missing.

The value of the cabinets, which have been recovered, was put at $1,600.

The house sold at auction for $49,000. It was assessed at $72,000 and nearly $13,000 in taxes were owed on it.

After the sale, the new owner discovered the cabinets missing and the Genesee County Sheriff's Office launched an investigation.

Robert Thigpen, 35, of Patriots Landing, Rochester, is charged with two counts of tampering with a witness, 3rd, and criminal contempt, 1st. Thigpen was picked up by Batavia Police on a bench warrant and turned over to the Sheriff's Office. Thigpen was jailed pending a court appearance today. (For previous coverage of Thigpen, click here.)

Taylor Robert Benjamin, 18, of 139 Christina Drive, North Chili, is charged with criminal possession of marijuana, 5th, a misdemeanor. Benjamin was arrested by Le Roy police following a complaint of youths gathering under the pedestrian footbridge between Church and Mill streets. As an officer approached, he reportedly observed Benjamin lighting a glass pipe and inhaling the smoke from it.

Ryan T. Daley, 28, of 57 Elizabeth Ave., Hamburg, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and inadequate lights.  Daley was stopped at 8:05 p.m. Thursday on East Main Street by Officer Thad Mart.

A 17-year-old resident of Mechanic Street, Elba, is charged with petit larceny. The youth is accused of stealing $42.81 in merchandise from Kmart on Saturday.

Justin Zane Baker, 22, of Webber Avenue, Oakfield, is charged with harassment, 2nd. Baker allegedly pushed a woman several times during a domestic dispute at 6:25 a.m., Sunday.

A 16-year-old resident of Angling Road, East Pembroke, is charged with unlawful possession of marijuana and possession of alcohol while under 21 with intention to consume. The youth was arrested following a traffic stop at 7:48 p.m. Saturday on Angling Road by Deputy Patrick Reeves.

Eric Thomas Wolford, 18, is charged with DWI, aggravated DWI, possession of alcohol in a motor vehicle, endangering the welfare of a child and failure to yield right of way. Wolford was stopped 7:46 p.m., Saturday, on Angling Road, by Deputy Patrick Reeves.

Craig Edward Blake, 59, of Sliker Road, Corfu, is charged with DWI, failure to keep right, unauthorized display of amber lights, refusal to take breath test. Blake was stopped at 12:23 a.m. Sunday on Park Road by Deputy Patrick Reeves.

Douglas Westley Green, 54, of Woodlands Way, Brockport, is charged with petit larceny. An investigation by Deputy Joseph Graff into thefts over a period of time at Stan's Harley Davidson led to the identification of Green as a suspect.

Melissa M. Lesage, 31, of 31 Buffalo St., Bergen, is charged with failure to appear in court as directed. Lesage was taken into custody by Rochester Police and turned over to Batavia Police on a warrant from 2007 for failure to appear as directed on an alleged traffic violation. Bail was set at $300.

Lamar Randall, 25, of 266 E. Park St., Albion, is charged with failure to appear in court. Randall was arrested on a bench warrant. Bail was set at $350.

Justin E. Cratsley, 22, of 115 State St., Batavia, is charged with harassment, 2nd, and criminal contempt, 2nd. Cratsley is accused of harassing a person he is barred from contacting at the YMCA on Saturday.

Sabrina Zinni, 36, of 219 North Spruce St., Batavia, is accused of showing up for a court ordered work detail under the influence of alcohol. She was jailed on $1,000 bail.

Andrew Z. Perdock, 24, unknown address, is charged with petit larceny. Perdock is charged with petit larceny. Perdock was arrested by State Police at 12:53 p.m. Saturday and held on cash bail. No further details released.

Yolanda M. Skeet, 32, of 24 Allegheny Road, Corfu, is charged with felony DWI under Leandra's Law. Skeet was stopped for allegedly speeding on the Thruway by State Police. She allegedly had a 9-year-old child in her car and a BAC of .08 or greater. Skeet was jailed in Ontario County on $2,500 bail or $5,000 bond.