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Thursday, April 21, 2016

Cattaraugus County DA report - April 11, 2016

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, April 11, 2016:

Arraignments
KRISTIAN P. GORDON-SMITH, 29, of Hinsdale, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Failure to Register, a class E felony.  The incident occurred on December 5, 2015, in the City of Olean, when the defendant allegedly failed to register a change of address with the Division of Criminal Justice Service within 10 days after a change of address.  The case has been adjourned for motions.

CHRISTOPHER D. GAYLOR, 31, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with four counts of Rape in the Second Degree, class D felonies; Criminal Sexual Act in the Second Degree, class D felony; Disseminating Indecent Material to Minors in the First Degree, class D felony; 2 counts of Forcible Touching, class A misdemeanors and 2 counts of Endangering the Welfare of a Child, class A misdemeanors.  The incidents occurred, in the Village of Portville, when the defendant being eighteen years old or more, allegedly engaged in sexual intercourse and oral sexual conduct with another person less than fifteen years old, intentionally, and for no legitimate purpose; forcibly touched the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying his own sexual desire and knowingly  acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old.  The case has been adjourned for motions.

BENJAMIN BLOOMFIELD, 38, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Burglary in the Second Degree; Grand Larceny in the Fourth Degree and Tampering with a Witness in the  Fourth Degree. The incident occurred on November 1, 2015 in the City of Olean, when the defendant allegedly and knowingly entered or remained unlawfully in a dwelling with the intent to commit a crime therein; stole property and the value of the property exceeds one thousand dollars and knowing that a person is or is about to be called as a witness in an action or proceeding, he wrongfully induced or attempted to induce such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at such action or proceeding. FURTHER, BENJAMIN BLOOMFIELD, was arraigned and entered a plea of not guilty to an indictment that charges him with Rape in the First Degree, a class B felony; Rape in the Third Degree, a class E felony; Criminal Sexual Act in the First Degree, a class B felony;  Criminal Sexual Act in the Third Degree, a class E felony; Assault in the Third Degree, a class A misdemeanor; Criminal Mischief in the Fourth Degree, a class A misdemeanor; Harassment in the Second Degree, a violation; 3 counts of Disorderly Conduct, violations and Obstructing Governmental Administration in the Second Degree, a violation. The incident occurred on February 13, 2016, in the City of Olean, when the allegedly defendant engaged in sexual intercourse with another person by forcible compulsion and when such lack of consent is by reason of some factor other than incapacity or consent; ; engaged in oral sexual conduct with another person by forcible compulsion; with intent to harass, alarm, or annoy another person, subjected such other person to physical contact; intended to cause public inconvenience, annoyance or alarm, or reckelessly created a risk and intentionally obstructed, impaired or perverted the administration of law or other governmental function. The case has been adjourned for motions.

RAY ADAMS, 54, of Black Creek, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Criminal Possession of a Controlled Substance in the Third Degree, a class B felony; Criminal Sale of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on May 15, 2015 in the City of Olean when the defendant allegedly and knowingly and unlawfully possessed and sold narcotic drug. The matter has been adjourned for motions.

MATTHEW P. KRYSICK, 31, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with  Escape in the Second Degree, a class D felony.  The incident occurred on February 2, 2016 in the City of Olean, when the defendant having been arrested for, charged with or convicted of a class C, D or E felony, allegedly escaped from custody. The matter has been adjourned for motions.

Guilty Pleas

DONOVAN ABRAMS, 46, of Salamanca, 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 8, 2015, in the City of Salamanca, when the defendant operated a motor vehicle on a public highway with a BAC of .23%.  Sentencing is scheduled for June 13, 2016. 

JOSHUA M. WEIGARTZ, 30, of Olean, New York, entered a plea of guilty to Attempted Burglary in the Third Degree, a class E felony and Criminal Contempt in the Second Degree, a class A misdemeanor to satisfy a pending indictment.  The incident occurred on March 1, 2016, in the City of Olean, when the defendant attempted to knowingly enter or remain unlawfully in a building with intent to commit a crime therein and intentionally disobeyed or resisted the lawful process or other mandate of a court.  Sentencing is scheduled for June 13, 2016.

JOSEPH TYLER, 27, of Dayton, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Rape in the Third Degree, a class E felony.  The incident occurred on August 11, 2015 in the Town of Dayton, when the defendant being twenty-one year old or more, engaged in sexual intercourse with another person less than seventeen years old. Sentencing is scheduled for June 13, 2016.

DONNELL PARRISH, 27, of Olean, New York, was arraigned and entered a plea of guilty to Criminal Sale of a Controlled Substance in the Fourth Degree, class D felony to satisfy a pending indictment.  The incident occurred on October 29, 2015, in the City of Olean, when the defendant knowingly possessed and sold a narcotic drug.  Sentencing is scheduled for June 13, 2016.

MARTIAL COSSAIRT, 17, of Olean, New York, entered a plea of guilty to  Attempted Conspiracy in the Fourth Degree, a class E felony to satisfy a pending indictment.  The incident occurred on December 27, 2015, in the Town of Allegany, when the defendant, along with co-defendants, attempted with intent that conduct constituting a class B or C felony be performed, each person agreed with one or more person to engage in or cause the performance of such conduct.  Sentencing is scheduled for June 13, 2016.

Sentences
ROBERT W. SMITH, 28, of Olean, New York, was sentenced to 3 years with the New York State Department of Corrections and 3 years post release supervision, for his conviction to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony.  The incident occurred on February 18, 2015, in the City of Olean, when the defendant attempted to possess a narcotic drug.

AARON L. STEARNS, 29, of Hinsdale, New York, was sentenced to 6 years with the New York State Department of Corrections and 5 years post release supervision, for his conviction to Criminal Sexual Act in the First Degree, a Class B felony and 2 to 6 years with the New York State Department of Corrections, to run concurrent, for his conviction to Attempted Assault in the Second Degree, a class E felony.  The incident occurred on August 21, 2015, in the City of Olean, when the defendant engaged in oral sexual conduct or anal sexual conduct with another person by forcible compulsion.