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Tuesday, May 24, 2016

Cattaraugus County District Attorney Report for May 23, 2016

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, May 23, 2016:

Arraignment
RONALD MILLER, 60, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Reckless Endangerment in the Second Degree, a class A misdemeanor; Endangering the Welfare of An Incompetent/Physically Disabled Person in the First Degree, a class E felony.  The incident occurred between July 1, 2015 and March 17, 2016  in the City of Olean, when Miller allegedly and knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.  The matter has been adjourned for motions.
Guilty Pleas
ALEXANDER LUTE, 30, of Olean, New York, entered a plea of guilty to Criminal Mischief in the Third Degree, a class E felony to satisfy a pending indictment. The incident occurred on May 18, 2015, in the City of Olean. Sentencing is scheduled for July 25, 2016.

AMANDA L. BORNER, 21, of Perrysburg, New York, entered a plea of guilty to Criminal sale of a Controlled Substance in the Third Degree, class B felony.  The crime occurred on September 25, 2015, in the City of Gowanda, when she knowingly and unlawfully possessed and sold a narcotic drug and possessed material suitable for packaging individual quantities, packaging or dispensing of narcotic drugs or stimulants. Sentencing is scheduled for July 25, 2016.
Sentences
SHANA MAYBEE, 40, of Salamanca, New York, was sentenced to 5 years probation; Driver’s License Revoked for 1 year for her conviction to Driving While Intoxicated, a class E felony. The incident occurred on April 30, 2015, in the Town of Salamanca, when she operated a motor vehicle in an intoxicated condition, having a .10% BAC. 

BRANDON D. ORTH, 29, of Cattaraugus, New York,  was sentenced to 5 years probation and restitution for his conviction toa plea of guilty to Criminal Possession of Stolen Property in the Fourth Degree, class E felony.  The incident occurred on June 30, 2015, in the City of Salamanca, when the defendant knowingly possessed stolen property with the intent to benefit himself or a person other than the owner. 

KEVIN L. TODD, JR, 35, of Buffalo, New York, was sentenced as a PREDICATE FELONY OFFENDER to a term of 3 years plus 3 years post release supervision for his conviction to Attempted Criminal Possession of a Controlled Substance in the Third Degree, a class C felony. The incident occurred on November 18, 2015, in the City of Olean, when the defendant knowingly and unlawfully possessed a narcotic drug.  He was also sentenced to a concurrent term of 3 years for his conviction to Attempted Criminal Sale of a Controlled Substance in the Third Degree. The incident occurred on July 24, 2015 in the City of Olean when the defendant knowingly and unlawfully attempted to sell a narcotic drug, to wit, crack cocaine.

STEVEN M. HUBER, 36, of Tonawanda, New York, was sentenced to  5 years probation for his conviction to Aggravated Driving While Intoxicated, a class E felony.  The incident occurred on February 28, 2014, in the Town of Mansfield, when the defendant operated a motor vehicle in an intoxicated condition, having a .19% BAC. 

MARNITA L. GAYTON, 28, of Erie, Pennsylvania, was sentenced to 3 years probation for her conviction to Criminal Sale of a Controlled Substance in the Seventh Degree, class A misdemeanor.  The incidents occurred on May 20, 2014, in the Town of Carrollton, when the defendant knowingly and unlawfully possessed a controlled substance.

RYAN LEWIS, 19, of Olean, New York,  was sentenced to 5 years probation for his conviction to Burglary in the Third Degree,  a class D felony  and  3 years probation for his conviction to Criminal Mischief in the Fourth Degree, a class A misdemeanor.  The incidents occurred in July 2015 when he knowingly entered or remained unlawfully in a dwelling with the intent to commit a crime therein and damaged property of another person in an amount exceeding $250.00. 

BRIAN C. NEGRON, 29, of Olean, New York, was sentenced to 1 year Conditional Discharge; Drivers License revoked for 6 months and ignition interlock for 12 months for his conviction to Driving While Intoxicated, a misdemeanor. The incident occurred on September 25, 2013 in the Town of Allegany, when the defendant operated a motor vehicle on a public highway while he was in an intoxicated condition.

HARRY SKULL, 41, of Allegany, was sentenced to 5 years probation and restitution for his conviction to Attempted Insurance Fraud in the Second Degree, class D felony.  The incident occurred on April 6, 2015, in the Town of Allegany, when he torched a house he owned on Buffalo Road in an attempt to obtain more than $50K in insurance money. The fire brought a large response from 1st responders. No one was hurt.

JAMES FRAZIER, 53, of Franklinville, New York,  was sentenced to a term of 4 years plus 2 years Post Release Supervision for his conviction to Unlawful Manufacture of Methamphetamine in the Third Degree, a class D felony.  The incident occurred on June 10, 2015, in the Town of Franklinville, when the defendant, possessed manufacturing materials to produce methamphetamine.