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Up to life in prison for man convicted of sexually abusing 10-year-old

By Howard B. Owens

Via WBTA:

An Orleans County man is sentenced to 15-years-to-life behind bars for sexually abusing a 10-year-old girl in Batavia.

Terrel Goodson, 25, was convicted at jury trial in Genesee County Court in April of Criminal Sexual Act and Sex Abuse. The second charge carries a seven-year sentence to run concurrently.

Goodson was arrested in Albion in October. He was convicted after two days of testimony.

If Goodson is released, he will be on post-release supervision for 15 years.

Man accused of sex crimes in the city agrees to DNA testing

By Howard B. Owens
Jon Magliocco

A 36-year-old Rochester resident awaiting a possible trial on multiple third-degree rape charges has agreed, seven months after his arrest, to submit to DNA testing and a search of his mobile phone.

Jon Thomas Magliocco was arrested in October and is being held on $50,000 bail.

He appeared in County Court on Wednesday for his plea-cut-off date (the date Judge Robert C. Noonan sets for defendants to either go to trial or accept whatever plea offer is on the table.).  

His case was continued until a court appearance May 27 after Jerry Ader, public defender's office, informed Noonan that his client would submit to DNA testing and a search of his phone.

"We would ask for an extension to see what the results of those examinations would be," Ader said.

Friedman said wasn't sure how long it would take to get back test results for DNA, but would know better in two weeks.

Magliocco was indicted near the end of October on eight counts of rape, 3rd, a Class E felony, and nine counts of criminal sexual act, 3rd, a Class E felony.

He is accused of being older than 21 years old and engaging is sexual intercourse or oral sexual contact with a person less than 17 years old.

All but one occasion is alleged to have occurred in a house in the City of Batavia and the other incident was allegedly sexual intercourse in a tent in the Town of Batavia.

Former tenant of condemned apartment building charged; meanwhile, restoration work continues

By Howard B. Owens

A former tennant of 113 Jackson St., Batavia, has been charged with theft of services for allegedly using an extension cord to provide power to his apartment.

The use of the cord was one of the alleged code violations the city cited to condemn the four-unit complex.

Property owner Guy Pellegrino told The Batavian on April 5 that things sounded a lot worse than they were with the building and he already had restoration projects under way. This morning, Pellegrino confirmed work is continuing on the building.

Arrested was Lonnie Ford Jr., 68, now a resident of Tracy Avenue, Batavia. Ford was issued an appearance ticket.

The electricity issue, like other issues, were easy to address, Pellegrino said, but the biggest area of concern for the 180-year-old one-time mansion was bowing of the south wall.

A structural engineer has determined that the building can be made structurally sound again through the use of a turn-buckle system. That would involve running cables through the building and installing buckles on the outside of the brick facade to secure the cables.

The process was frequently used with old masonary buildings in California after earthquake standards were introduced in the 1930s.

The buckles will be on the outside of the building, which means the city's Historic Preservation Commission must approve the design change.

Pellegrino said the commission will review his application May 28. Assuming it's approved, the buckling work will begin the next day.

Brother accused of stabbing brother while camping in Middlebury

By Howard B. Owens

A Le Roy man is in satisfactory condition at Strong Memorial Hospital after undergoing surgery for stab wounds allegedly inflicted by his brother while they were camping in the Town of Middlebury.

David R. Gross, 23, was stabbed several times, according to State Police on May 11 and flown to Strong by Mercy Flight after first being transported in a private vehicle to Wyoming County Hospital.

His brother, 26-year-old Richard J. Gross, of Byron, allegedly stabbed him following an argument.

They were camping in a wooded area off of Bank Road, State Police said.

David Gross suffered a punctured and deflated lung along with multiple other injuries.

Richard Gross, pictured, was charged with first-degree assault, a Class B felony. He was arraigned in Town of Warsaw Court and jailed on $50,000 bail.

Law and Order: Woman accused of stabbing another person in the leg

By Howard B. Owens

Jennifer L. Sprague-Clark, 31, of Vine Street, Batavia, is charged with assault, 2nd, menacing, 2nd and criminal possession of a weapon, 3rd. Sprague-Clark allegedly stabbed another person in the leg during a dispute at 9:20 p.m., Tuesday. The investigation was conducted by Officer James DeFreze. Sprague-Clark was jailed without bail

Zachari R. Morgan, 18, of Pearl Street, Batavia, is charged with criminal obstruction of breathing, endangering the welfare of a child and criminal mischief, 4th. Morgan was allegedly involved in a domestic incident at 11:38 a.m., Tuesday.

Mark S. Allison, 52, of Medina, is charged with assault/recklessly causing serious injury with a weapon. The alleged incident was reported at 11:44 a.m., Jan. 17 in the Town of Alabama. Allison was arrested by State Police. No further details released.

Peter J. Gravante, 25, of Churchville, is charged with petit larceny. Gravante was arrested by State Police for an alleged theft at a location on Veterans Memorial Drive that was reported at 9:04 a.m., Sunday.

Law and Order: Man sought on Harvester Avenue yesterday charged with four crimes

By Howard B. Owens

Tishaun H. Conde, 19, of 16 Harvester Ave., Batavia, is charged with unauthorized use of a vehicle, unlawful possession of marijuana, petit larceny and trespassing. Conde was arrested following a report at 10:06 a.m., Monday, of a car being broken into on Harvester Avenue. Conde was jailed on $2,500 bail. (Previously: Man suspected of rifling through cars on Harvester Avenue is subject of manhunt)

Sharon E. Herdtner, 51, of North Street, Batavia, is charged with criminal mischief. Herdtner allegedly punctured a tire of a vehicle on Tracy Avenue.

Tracy A. Hilton, 33, of Jackson Street, Batavia, is charged with menacing, 2nd, unlawful imprisonment, 1st, criminal possession of a weapon, 3rd, endangering the welfare of a child and criminal contempt, 1st. Hilton was allegedly involved in a domestic incident with his girlfriend at 5:50 p.m., Sunday, at their residence on Jackson Street. Hilton allegedly restrained his girlfriend and threatened her with a knife while in the presence of their two children. In the process, Hilton allegedly violated an order of protect. Hilton was held without bail.

Kimberly M. Douglas, 32, of Buell Street, Batavia, is charged with criminal tampering, 3rd. Douglas was arrested after police were dispatched at 7:40 a.m., Saturday, to a residence on Buell Street for a report of a disturbance. Douglas is accused of spitting on the screen door of a house on Buell, "causing a substantial inconvenience for the owner to clean."

Justin J. Caryl, 26, of Batavia, was arrested on a warrant. Caryl was arrested by a Wyoming County Sheriff's deputy at 5:30 a.m., Sunday, on Bank Road, Town of Middlebury, after he was located during an unrelated investgation. Caryl was turned over to the Genesee County Sheriff's Office.

Jeffrey Lewis Smith, 44, of Vinton Road, Rochester, is charged with petit larceny. Smith was arrested on a Town of Batavia warrant after being released from the Monroe County Jail. Smith was jailed in Genesee County on $2,500 bail.

Felicia Mae Downs, 20, of Broadway Road, Darien, is charged with identity theft, 3rd, and petit larceny. Downs allegedly used another person's credit card to make purchases without permission.

Randall W. McKeown, 52, of South Brooklyn Avenue, Wellsville, is charged with three counts of criminal contempt, 1st. In a violation of a stay away order of protection, McKeown allegedly sent text messages to the protected person on three separate dates. McKeown was released under supervision of Genesee Justice.

Man suspected of rifling through cars on Harvester Avenue is subject of manhunt

By Billie Owens

A man who was allegedly rifling through vehicles near 16 Harvester Ave. is said to be hiding after running from officers. An area spanning three houses has been cordoned off.

Batavia police, Sheriff's deputies and a canine unit believe the suspect is contained within that area.

UPDATE 11:38 a.m.: Law enforcement is opening the area that had been cordoned off.

UPDATE 11:58 a.m.: The subject is in custody.

UPDATE 12:48 p.m.: Batavia Police Sgt. Dan Coffey recapped the incident for local media: "We received a 9-1-1 call of a larceny in progress from an unlocked motor vehicle. The witness was giving us detailed accounts of what was going on while our patrols were responding. Patrols arrived on scene, established a perimeter; the subject fled on foot. There was a brief foot chase. We believe the subject ran into a house here at 16 Harvester Avenue. We set up a perimeter there. We were eventually able to gain access to the residence and we located the subject hiding in a room who later was positively identified by our witness as the subject they saw breaking into the car. ... There was no physical confrontation or anything like that. He did become cooperative." Asked if there was any indication of illegal activity in the house, Coffey said drug paraphernalia was found inside the residence as a result of their investigation. ... "This is a rooming house, and through the process of elimination, (the suspect) was the only person that we couldn't account for. We started tracking him ... and from there we were able to positively identify him." Coffey could not confirm that anything was missing from the vehicle at this point. Possible charges could include attempted petit larceny, petit larceny and the drug parphernalia allegedly found in his room. The investigation is ongoing. Asked about the house being a problem in the neighborhood, Coffey conceded there have been "some issues there -- noise complaints and quality-of-life issues within the City of Batavia. So it's certainly been a house on our radar. ... It's a residence where some of our local college kids have been staying, so, again, it's a house that's been on our radar."

Law and Order: Woman accused of trespass and harassment

By Howard B. Owens

Sherri C. Butler, 54, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Butler allegedly remained on a property at 5:18 p.m., Thursday, after the owner asked her to leave. She allegedly threatened the owner. Butler was jailed on $500 bail.

Andrew R. London, 22, of Goodrich Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, driving in violation of a conditional license, and refusal to take breath test. London was stopped at 2:11 a.m. Monday on Pearl Street, Batavia, by Officer Eric Foels, for an alleged equipment violation. London was jailed on $5,000 bail.

Michael Patrick Murphy, 29, of Walnut Street, Batavia, is charged with criminal possession of a weapon, 3rd. Murphy was arrested after Officer James DeFreze observed a switchblade knife in his residence. Murphy was jailed without bail.

Law and Order: Batavia teenager accused of rape in the first degree

By Howard B. Owens

Joseph A. Saraceni, 17, of Linwood Avenue, Batavia, is charged with first-degree rape, a Class B felony. Saraceni was arrested by Batavia PD following an investigation by Det. Charles Dudek and Det. Thad Mart in an alleged incident reported Nov. 11 on School Street, Batavia. No further details released.

Lance Mercado, 23, of Holland Avenue, Batavia, is charged with operating a motor vehicle impaired by drugs. Mercardo was arrested after Batavia PD received a reported of a possible intoxicated driver in the parking lot of McDonald's at 1:18 a.m., Tuesday. Mercardo was arrested by Officer Matthew Lutey.

Eric J. Davis, 36, of Corfu, is charged with criminal contempt, 2nd. Davis was arrested by State Police for an alleged incident reported at 6:52 p.m. Tuesday on Drake Street, Oakfield. No further details released.

Timothy M. Gardiner, 38, and Maria A. Gardiner, 48, both of Scottsville, are charged with criminal possession of stolen property, 3rd. Timothy and Maria were arrested by State Police in connection with an alleged incident reported at 9:39 a.m. Feb. 16 in the Town of Bergen. No further details released.

Heidi H. Stumbo, 48, of Lima, is charged with petit larceny. Stumbo was arrested by the State Police on the Tonawanda Indian Reservation. The alleged theft was reported at 1:04 p.m., Monday. No further details released.

Law and Order: Ellicott Street resident accused of assault

By Howard B. Owens

Maleak H. Green, 21, of Ellicott Street, Batavia, is charged with criminal contempt, 2nd, assault, 3rd, and endangering the welfare of a child. Green was allegedly involved in a physical altercation with a woman while in the presence of a child. Green was allegedly ordered to stay away from the residence. He was jailed on $5,000 cash bail, $10,000 bond.

Marcus Allen Ciociola, 18, of West Main Street, Corfu, is charged with criminal contempt, 2nd. Ciociola is accused of violating an order of protection.

Lisa M. Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole items from Dollar General.

Man accused of dragging deputy with car pleads not guilty during first appearance in County Court

By Howard B. Owens
Scott Kopper

Scott A. Kopper, 36, of Batavia, entered a not guilty plea today on a four-count indictment that includes an accusation that he assaulted a Sheriff's deputy.

Kopper remains in custody and his next scheduled court appearance is July 8.

Judge Robert C. Noonan also signed three orders of protection, including one for Deputy Brian Thompson, the deputy Kopper is accused of dragging with his car Jan. 7.

Thompson is currently assigned to courthouse duty and Noonan noted that one of the orders involved Thompson and said the only way the order could be fair is if it allowed incidental contact between Thompson and Kopper while Thompson is on duty, barring any offensive conduct by Kopper.

Kopper is facing counts of assault, 1st, reckless endangerment, and two counts of assault, 2nd.

Previously: Truck drivers assist deputy being dragged by suspect's car

Suspect in armed robberies has burglary charge added to his indictment

By Howard B. Owens
Mark Maltese

A former Dellinger Avenue resident arrested in November following a string of robberies in Batavia and Oakfield as well as an alleged botched burglary of a local Rent-A-Center was arraigned on a new burglary charge this morning.

Mark J. Maltese, 42, was arraigned in front of Judge Robert C. Noonan in County Court on the seven-count sealed Grand Jury indictment.

The indictment was sealed because it contained the new burglary charge.

Maltese was already charged with three counts of robbery, 2nd, burglary, 3rd, and criminal mischief, 2nd.

He's now being accused of second-degree burglary and grand larceny, 3rd, for allegedly breaking into a residence on Hutchins Street on March 26, 2013, and stealing a safe with cash and jewelry worth more than $3,000.

Maltese is accused of committing armed robbery Nov. 21 at the Best Western in Batavia, Nov. 22 at the 7-Eleven in Oakfield and Nov. 24 at the Days Inn in Oakfield.

He was arrested Nov. 27 after he and an alleged cohort broke into the Rent-A-Center in Batavia and allegedly stole a big screen TV. They were tracked to a residence on Colonial Boulevard.

Previously:

Law and Order: Alleged drunken driver accused of driving on East Main sidewalk

By Howard B. Owens

Rachel A. Gillespie, 23, of Main Road, Stafford, is charged with DWI, refusal to take breath test, moving from lane unsafely and driving on the sidewalk. Gillespie was arrested by Officer Marc Lawrence following a report at 2:33 a.m., Friday, of a disabled vehicle in the area of 218 E. Main St., Batavia. Gillespie allegedly drove the vehicle over the curb and onto the sidewalk at East Main and Center streets.

Amber L. Jaczynski, 22, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Jaczynski was arrested by Officer Matthew Lutey following a report at 1:35 a.m., April 27, of a vehicle parked in front of 22 Oak St., Batavia.

Steven M. Hoffere, 38, of Howard Avenue, Churchville, is charged with DWI and driving with a BAC of .08 or greater. Hoffere was arrested by Officer Peter Flanagan after Flanagan stopped at 15 Main St., Batavia, to assist with a disabled vehicle at 2:53 a.m., Saturday.

Dwayne Andrew Pearsall, 23, of Harlem Road, Cheektowaga, was arrested on a warrant. Pearsall was arrested by Hamburg PD and turned over to Batavia PD. He was jailed on $200 bail.

John A. Branscomb, 27, of Pearl Street, Batavia, is charged with petit larceny. Branscomb is accused of stealing a bicycle that was left outside the Genesee County Courts facility.

Rae C. Cook, 25, of Ellicott Street, Batavia, is charged with assault, 3rd, and criminal mischief. Cook was allegedly involved in an altercation at Billy Goats at 1:50 a.m., April 25.

John E. Jaszko Jr., 28, of Kelsey Road, Batavia, is charged with harassment, 2nd, and trespass. Jaszko was arrested following a report of an alleged incident involving his ex-girlfriend at 10:30 p.m., Thursday.

Steven D. Scroger, 28, of Oak Street, Batavia, was arrested on a bench warrant. Scroger is accused of failing to appear in City Court on a charge of unreasonable noise.

Ryan M. Shrauger, 44, of Hull Park, Batavia, was arrested on a warrant for alleged improper parking, 2 to 6 a.m.. Shrauger paid $85 police bail and was released.

Christopher A. Tetrault, 30, of Beaver Street, Albion, is charged with aggravated harassment, 2nd. Tetrault is accused of making several phone calls threatening to harm the person being called. He was jailed on $1,000 bail.

Lisa M. Durham, 42, of Park Road, Batavia, is charged with criminal contempt, 2nd. Durham allegedly had verbal contact with a person in violation of an order of protection.

Elizabeth Erin Hulshoff, 36, of Sokol Road, Attica, is charged with petit larceny. Hulshoff is accused of stealing $212.45 in merchandise from Walmart.

Jeremy D. Holmwood, 22, of Batavia, is charged with assault, 3rd, two counts of menacing, 2nd, criminal obstruction of breathing and unlawful possession of marijuana. He's also charged with criminal contempt, 2nd. Holmwood was arrested by State Police following an alleged incident reported at 2 p.m., Friday, in the Town of Batavia. The criminal contempt charge stems from an alleged incident reported at 9 p.m., Saturday. No further details released. Holmwood was jailed on an undisclosed amount of cash bail.

Vandals knock down eight more headstones, two urns at Elmwood Cemetery

By Howard B. Owens

Vandals have struck the Elmwood Cemetery for the third time in less than a month, this time knocking down eight headstones and two urns, according to Superintendent Steve Davis.

This time, the urn of the cemetery board president's father was knocked over, destroying a pot of fresh lilies.

According to Davis, a police investigator was able to get a picture of some fresh foot prints left in some dirt.

Previously:

Corfu man gets 10-year prison sentence for distributing child porn

By Billie Owens

Press release:

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul Jr. announced Thursday that David Woods, 37, of Corfu, who was convicted of distribution of child pornography, was sentenced to 120 months (10 years) in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that Woods used an online bulletin board system designed for viewing and sharing images and videos of child pornography. Using the e-mail address jailbaitlover143@gmail.com, the defendant collected and distributed over 12,000 videos and 20,000 images of child pornography. Many of the images portrayed children, including infants and toddlers, being subjected to bondage and rape by adults.

On March 6, 2012, the defendant uploaded eight videos depicting young female victims. On the bulletin board, Woods stated “I hope this gets me into VIP, but even if it doesn’t, I figured I would share.” On April 17, 2013, law enforcement officers executed a search warrant at the defendant’s residence and seized a laptop and other digital equipment containing the images of child pornography.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Law and Order: South Lyon Street resident accused of resisting arrest

By Howard B. Owens

Richard Scott Ishmael, 49, of South Lyon Street, Batavia, is charged with endangering the welfare of a child and resisting arrest. Ishmael allegedly ignored Police Officer Peter Flanagan's commands and made lewd comments to the officer in front of his daughter, who is under age 17. While Ishmael was being placed in custody, he allegedly resisted arrest and continued to ignore officer commands.

A 17-year-old resident of Niver Road, Conesus, is charged with criminal possession of a controlled substance. The youth was allegedly found at 9:10 p.m. on April 26 at 127 North St. in possession of heroin.

A 17-year-old resident of Wood Street, Batavia, is charged with endangering the welfare of a minor. The youth is accused of knowingly hiding a juvenile runaway who had been reported missing for more than a week.

Eric M. Malecki, 33, of Prune Street, Batavia, was arrested on warrants for alleged parking on city streets between 2 and 6 a.m. Malecki was arrested following a traffic stop. He posted $200 bail and was released.

Harvey A. McMurray, 46, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. McMurray was arrested following a law enforcement and ambulance response to a medical call T.F. Brown's at 1:50 a.m., Sunday.

Gregory Seppe, 55, no permanent address, Batavia, is charged with appearance in public under the influence of drugs. Seppe was arrested following a request to check the welfare of a person on Ganson Avenue at 11:02 p.m., Sunday.

Lawrence E. Hanley, 63, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08, failure to keep right, leaving the scene of a property damage accident and improper right turn.  Hanley was allegedly involved in a property damage accident at 7:57 p.m., April 20, on Walnut Street. The accident was investigated by Officer Stephen Cronmiller.

Landrea D. Ames, 41, of West Main Street, Batavia, is charged with petit larceny. Ames allegedly stole $142.65 worth of meat from Tops.

Fabian Vazquez, 34, of Harvester Avenue, Batavia, is charged with failing to signal a turn and aggravated unlicensed operation, three or more suspensions on three or more dates. Vazquez was stopped at 8:54 p.m., April 26, on East Main Street, Batavia, by Officer Chad Richards.

Adam D. Jett, 21, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Jett was stopped by Officer Darryle Streeter at 3:14 a.m., April 24, on East Main Street, following a report of an intoxicated male getting into a car and leaving the parking lot of a convenience store.

Lisa Marie Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole a jacket from the lobby of the Genesee County Mental Health Office.

Dibble: Probable cause for arrest in Bergen shotgun case, now it's up to the courts

By Howard B. Owens

There was probable cause to arrest John Laverne Robinson, Chief Deputy Gordon Dibble said about the case involving Robinson, a man from Brockport, and a shotgun pointed through a window on Jan. 13, 2013.

So Robinson was arrested and it's now up to the courts to determine the eventual outcome of the case.

It's been 15 months since the incident, and Robinson's arrest two weeks ago raised some interest locally about how a man some believed was just exercising his right to defend himself in his own house could be charged with a crime.

"There's no black and white on these things and there's a lot of gray area on how far you can go and whether your actions are justified," Dibble said. "The deputy looked at the circumstances and looked at the law and consulted with the District Attorney and felt there was probable cause to make an arrest and then let the courts handle it."

Police officers don't determine the guilt or innocence of a defendant, Dibble said. They make an arrest based on probable cause and then let the courts decide.

"There's always two or three sides to every story," Dibble said. "In this case, there's Mr. Crooks' account and then there is Mr. Robinson's account. In the business we're in, absent any other witnesses, it gets down to what one person says against the other and then let the courts sort it out."

Often, Dibble said, cases aren't as clear-cut as people imagine.

"In this system, some cases by their nature, are not always black and white and in the gray areas is where law enforcement and the courts often find themselves in the middle of controversy," Dibble said.

The incident last year was initially handled by the State Police, who arrested 46-year-old Michael S. Crooks, of Salmon Road, Brockport, on a charge of criminal mischief, 4th.

Last week, The Batavian reported that there was no confirmation of an arrest of Crooks because Trooper Victor Morales said there was "no record" of that arrest. Morales was not with Troop A -- he's now Troop A's spokesman -- at the time of the incident 15 months ago and because a judge ordered the criminal case against Crooks sealed, Morales could only respond that there was no record of his arrest.

After learning of the sealed case file, The Batavian confirmed the arrest and charge against Crooks by obtaining a copy of orders of protection he signed Jan. 13 and on Jan. 16, 2013. Crooks was barred for one year from contacting Robinson.

Eventually, Crooks obtained an adjudication in contemplation of a dismissal ruling from the Bergen Town Court, which is why his case is sealed.

The events leading up to the alleged gun-pointing incident began when Crooks became aware -- according to his sworn statement in the Robinson case -- that Robinson and Crooks' wife were communicating with each other. His statement doesn't say whether it was by phone calls or by text or how Robinson and Mrs. Crooks know each other.

Crooks said he told his wife to stop communicating with Robinson, but one afternoon while Mrs. Crooks was out shopping with their children, Michael Crooks went online and checked phone records and found evidence of further communication with Robinson, he wrote in his statement.

According to the statement, Crooks went over Robinson's home on North Lake Road and wanted to speak with him and ask him to stop communicating with his wife. He claimed he intended no harm to Robinson.

Robinson did not answer the door, but Crooks believed Robinson was in fact home.

Crooks said he yelled for Robinson to come out and called him a coward for not coming to the door, according to his own account of events.

Deputy Matthew Butler, in his charging document, says that Robinson told him he called 9-1-1. He said he had a shotgun. He said a dispatcher told him to yell out that he had a shotgun.

Still unsatisfied that Robinson hadn't answered the door, Crooks walked around the house and looked into a window. That's when he saw Robinson pointing a shotgun at him, he said.

He claims Robinson screamed, "get out of here or I'm going to you're (sic) your f---ing head off."

"When I saw that shotgun pointed at my face," he wrote, "I was scared to death that John was going to shoot me."

Robinson is charged with menacing in the second degree, a Class A misdemeanor.

During the course of the incident on North Lake Road, Robinson's front door was damaged, according to a family member, which is the apparent reason for the criminal mischief charge against Crooks.

Asked about the right in New York for residents to protect their home and themselves, Dibble said that's true, but the law has gray areas and that's where this case falls.

"The law also says you can walk up to anybody's door and knock on the door," Dibble said. "That's part of general business law."

Dibble said a deputy investigated the case because Crooks filed a complaint. It's not known why Crooks went to the Sheriff's Office rather than the NYSP with his complaint or why troopers didn't charge Robinson back in January 2013 after the initial investigation into the case.

District Attorney Lawrence Friedman said his office has yet to determine how it will proceed with the case.

"The best I can say is the Sheriff's Department did an investigation and made an arrest and that's what they do," Friedman said. "We haven't determined what the disposition might be. We didn't do the investigation. We don't do investigations. They came to the conclusion that the charge was appropriate and (Assistant DA) Kevin Finnell will look at the case. We have full discretion on what we feel is an appropriate disposition, whether not to prosecute it or to take it to trial or anything in between."

Robinson's next court appearance is 3 p.m., May 21, for arraignment on the charge.

Click here for an article about New York's "Castle Doctrine."

Law and Order: Woman accused of possessing drugs in court building

By Howard B. Owens

Jennifer Lynn Mohr, 41, of Manhattan Avenue, Batavia, is charged with criminal possession of a controlled substance. Mohr was arrested at the Genesee County Courts facility for allegedly possessing a controlled substance for which she lacked a prescription.

Michael R. Mullen, 50, of Oakfield, is charged with: driving while ability impaired by a combination of drugs and alcohol; driving while ability impaired by a drug; consumption of alcohol in a motor vehicle; unlawful possession of marijuana; inadequate exhaust; insufficient signal; and failure to keep right. Mullen was stopped at 2:39 a.m. Sunday on Route 20A, Village of Warsaw, by Deputy Aaron Chase.

Todd Lester Fairbanks, 32, of Raymond Avenue, Batavia, was arrested on a Family Court warrant. The underlying charge of the warrant was not specified.

Christopher A. Bucci, 34, of Batavia, is charged with second-degree rape (actor with person less than 18 years old), sexual abuse, 3rd, and acting in a manner injurerous to a child. Bucci was arrested by State Police in connection with an alleged incident reported Feb. 3 in the Town of Clarendon. No further details released.

Jacob R. Lavrincik, 25, of Batavia, is charged with petit larceny. Lavrincik was arrested by State Police for an alleged petit larceny at a location on Veterans Memorial Drive. No further details released.

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