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Tuesday, March 1, 2016

Cattaraugus County District Attorney Report for Feb. 29, 2016

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, February 29, 2016:

Arraignments
RICKY VENTO, 42, of South Dayton, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Assault in the Second Degree, a class D felony; Burglary in the First Degree, a class B felony and Endangering the Welfare of a Child.  The incident occurred in October 2015, in the Village of South Dayton. The matter has been adjourned for motions.

JEFFREY ZINK,  34, of South Dayton, New York , was arraigned and entered a plea of not guilty to an indictment that charges him with Assault in the Second Degree, a class D felony; Burglary in the First Degree, a class B felony and Endangering the Welfare of a Child.  The incident occurred in October 2015, in the Village of South Dayton. The matter has been adjourned for motions.

JAMES LEWELLYN, 35, of South Dayton, New York , was arraigned and entered a plea of not guilty to an indictment that charges him with Assault in the Second Degree, a class D felony; Burglary in the First Degree, a class B felony and Endangering the Welfare of a Child.  The incident occurred in October 2015, in the Village of South Dayton. The matter has been adjourned for motions.

ERIC WESTFALL,36, of Delevan, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with 2 counts of Driving While Intoxicated,  class E felonies; Failure to Yield, a violation; Speed in Zone, a violation and Consumption of Alcohol in a Motor Vehicle, a violation.  The crimes occurred on  July 25, 2015, in the Town of Yorkshire, when Westfall allegedly operated a motor vehicle on a public highway in an intoxicated condition, operated a motor vehicle at a speed in excess of the posted speed limit and possessed and open container containing an alcoholic beverage, in a motor vehicle on a public highway.  The matter has been adjourned for motions.

HUSNAIN RAFI, 38, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Aggravated Driving While Intoxicated and Driving While Intoxicated, both E felonies; Failure to Signal Turn, a violation and Improper Use of Flashers, a violation.  The incident occurred on December 4, 2015, in the City of Olean, when he allegedly operated a motor vehicle on a public highway in an intoxicated condition, failed to signal a lane change and uses flashing signals when there was not a traffic hazard ahead.  The matter has been adjourned for motions.

TODD CHILDS, 18, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Burglary in the First Degree, a class B felony; Burglary in the Second Degree, a class C felony and Conspiracy in the Fourth Degree, a class E felony.  The crimes occurred on December 27, 2015, in the Town of Allegany. He is alleged to have knowingly and unlawfully entered or remained in a dwelling with intent to commit a crime therein and with intent that conduct constituting a class B or class C felony be performed.  The matter has been adjourned for motions.

MICHAEL FLYNN, 16, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Burglary in the First Degree, a class B felony; Burglary in the Second Degree, a class C felony and Conspiracy in the Fourth Degree, a class E felony.  The incident occurred on December 27, 2015, in the Town of Allegany, when he allegedly and knowingly and unlawfully entered or remained in a dwelling with intent to commit a crime therein and with intent that conduct constituting a class B or class C felony be performed.  The matter has been adjourned for motions.

Guilty Pleas
CODY MITCHELL, 23,  of Olean, New York, entered a plea of guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a C felony to satisfy a pending indictment.  The incident occurred on August 25, 2015, in the City of Olean, when he attempted to knowingly and unlawfully sell a narcotic.  Sentencing is scheduled for May 2, 2016.

TANYA WOODS, 32, of Olean, New York, entered a plea of guilty to Driving While Intoxicated, a class D felony to satisfy a pending indictment.  The incident occurred on October 11, 2015, in the City of Olean, when the defendant operated a motor vehicle on a public highway in an intoxicated condition. Further, TANYA WOODS entered a plea of guilty to Welfare Fraud in the Fourth Degree, a class E felony to satisfy a pending indictment.  The crime occurred between April 2015 and September 2015, in the City of Olean, when the defendant committed a fraudulent welfare act and thereby took or obtained public assistance benefits.  Sentencing is scheduled for May 2, 2016.
Sentences
JOSEPH L. HECHT, 31, of Yorkshire, New York, was sentenced to 1 year in the Cattaraugus County Jail for his conviction to Attempted Failure to Register With the New York State Sex Offender Registry, a class A misdemeanor.  The defendant was also sentenced to 90 days in the Cattaraugus County Jail for his Violation to Probation to run concurrent. The incident occurred on September 24, 2015, in the Town of Yorkshire, when the defendant changed his address and failed to notify the New York State Sex Offender registry within ten days.

BRANDON M. GENA, 25, of Olean, was sentenced to 3 years with the New York State Department of Corrections and 2 years of Post Release Supervision for his conviction to Criminal Possession of a Controlled Substance in the Fifth Degree, class D felony.  The incident occurred on March 14, 2015, in the City of Olean, when the defendant unlawfully possessed a controlled substance containing a narcotic drug.