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Tuesday, May 3, 2016

Cattaraugus County District Attorney Report - May 2, 2016

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, May 2, 2016:

Arraignments
JOSEPH A RAJSKI, 50, of Portville, 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 and Assault in the Third Degree, a class A misdemeanor.  The incident occurred on December 29, 2015, in the Town of Portville, when he allegedly intended to cause physical injury to another person.  The matter has been adjourned for motions.

RICHARD FANCHER, 21, of Machias, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Unlawful Manufacture of Methamphetamine, a class E felony; Unlawful Disposal of Methamphetamine Laboratory Materials, a class E felony; Criminal Sale of a Controlled Substance in the Third Degree, a class B felony; and Criminal Possession of a Controlled Substance in the Third Degree, a class B felony.  The crime occurred on December 16, 2015, in the Town of Yorkshire, when Fancher allegedly intended to unlawfully manufacture, prepare or produce methamphetamine; knowingly disposed hazardous or dangerous material that create a substantial risk to human health, safety and a substantial danger to the environment; and knowingly possessed and sold a narcotic drug.  The matter has been adjourned for motions.
Guilty Pleas
SAMUEL J. NUCIOLA, 54, of Olean, New York, entered a plea of guilty to Attempted Criminal Possession of a Controlled Substance in the Third Degree, a class C felony to satisfy a pending indictment.  The incident occurred on February 20, 2015, in the City of Olean, when he knowingly and unlawfully attempted to possess and sell a narcotic drug.  Sentencing is scheduled for May 22, 2017.
TIMOTHY J. KELLER, 43, of Derrick City, Pennsylvania, entered a plea of guilty to Grand Larceny in the Third  Degree, a class D felony, to satisfy a pending indictment.  The incident occurred between January 2007 and September 2014, when the defendant stole property and the value of the property exceeds three thousand dollars.  Sentencing is scheduled for July 25, 2016.
JOSEPH J. RICHIE, 40, of Olean, New York, entered a plea of guilty to Failure To Register With The New York State Sex Offender Registry, a class E felony, to satisfy a pending indictment.  The crime occurred on June 16, 2015 in the City of Olean, when he failed to register with the Division of Criminal Justice Services within 10 days after a change of address.  Sentencing is scheduled for July 5, 2016.
RICHELLE FANCHER, of Chaffee, New York, entered a plea of guilty to Unlawful Manufacture of Methamphetamine, a class E felony, to satisfy a pending indictment.  The incident occurred on December 16, 2015 in the Town of Yorkshire, when the defendant intended to unlawfully manufacture, prepare or produce methamphetamine.  Sentencing is scheduled for May 22, 2017.

DONALD STEVENS, 28, of Lawtons, New York, entered a plea of guilty to Assault in the Third Degree, class A misdemeanor, to satisfy a pending indictment.  The incident occurred on July 29, 2015, in the Town of Persia, when the defendant intended to cause serious physical injury to another person.  Sentencing is scheduled for August 8, 2016.

JASON L. MURRAY,36, of Bradford, Pennsylvania, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Criminal Possession of Marijuana in the Third Degree, a class E felony.  The crime occurred on February 25, 2016, in the City of Salamanca, when he knowingly and unlawfully possessed marijuana.  Sentencing is scheduled for July 18, 2016.
Sentences
CODY MITCHELL, 24, of Olean, New York, was sentenced to a term of 2 years and 3 years post release supervision with the New York State Department of Corrections for his conviction to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a C felony.  The incident occurred on August 25, 2015, in the City of Olean, when the defendant attempted to knowingly and unlawfully sell a narcotic. 

TANYA WOODS, 32, of Olean, New York, was sentenced as Predicate Felony Offender to an indeterminate term of 1 to 3 years with the New York State Department of Corrections for her conviction to Driving While Intoxicated, a class D felony.  The incident occurred on October 11, 2015, in the City of Olean, when she operated a motor vehicle on a public highway in an intoxicated condition. Further, TANYA WOODS was sentenced as a Predicate Felony Offender to and indeterminate term of 1 ½ to 3 years with the New York State Department of Corrections for her conviction to Welfare Fraud in the Fourth Degree, a class E felony.  The incident 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.

GEORGE H. CABISCA, 36, of Bradford, Pennsylvania, was sentenced to a 1 year conditional discharge for his conviction to Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor.  The incident occurred on June 11, 2014, in the Town of Coldspring, when the defendant, knowingly and unlawfully possessed heroin and cocaine. 

DEAN M. WALTERS, 24, of Randolph, New York, was sentenced to a term of 2-4 years with the New York State Department of Corrections for his conviction to Burglary in the Third Degree, a class D felony.  The crime occurred February 27, 2016, in the Town of Randolph when the defendant knowingly entered or remained unlawfully in a building with intent to commit a crime therein.