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Wednesday, October 26, 2016

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, October 24, 2016:
Arraignments
KERWIN W. SMITH, 36, of Salamanca, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Driving While Intoxicated, a class D felony; Aggravated Unlicensed Operation in the First Degree, a class E felony; Failure To Keep Right, a violation and Speed Not Reasonable.  The incident occurred on March 31, 2016, in the City of Salamanca. The matter has been adjourned for motions.
JUSTIN D. VREELAND, 34, of Olean, 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 and Criminal Sale of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on April 1, 2016, in the City of Olean. The matter has been adjourned for motions.

GEORGE DIAMANTES, 28, of Machias, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with two counts of Driving While Intoxicated, class E felonies; No Helment on an ATV, a violation and Operating an ATV on a Public Highway, a violation.  The incident occurred on May 7, 2016, in the Town of Machias, when the defendant allegedly operated a motor vehicle on a public highway in an intoxicated condition.  The matter has been adjourned for motions.
Guilty Pleas
RICKY L. ARMSTRONG, 37, of Salamanca, New York, entered a plea of guilty to Criminal Contempt in the Second Degree, a class A misdemeanor and Resisting Arrest, a class A misdemeanor.  The incident occurred on January 7, 2016, in the City of Salamanca. Sentencing is scheduled for January 3, 2017.

RUBE LEE, 63, of Cheektowaga, New York, entered a plea of guilty to Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, a misdemeanor.  The incident occurred on March 8, 2016, in the Town of Ashford, when the defendant operated a motor vehicle at a time his license was suspended or revoked as a result of ten or more suspensions imposed on at least ten separate dates for failure to answer, appear or pay a fine.  Sentencing is scheduled for March 8, 2016.

BRAD M. CLAYSON, 29, of Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Driving While Intoxicated, a class E felony.  The incident occurred on July 17, 2016, in the City of Olean. Sentencing is scheduled for January 3, 2017.

LENNY A. PENA, 21, of Olean, New York, but presently in the Cattaraugus County Jail entered a plea of guilty to Attempted Assault in the Second Degree, a class E felony.  The incident occurred on March 11, 2016, in the City of Olean when the defendant attempted to cause serious physical injury to a person who is 65 years of age or older. 

LENNY A. PENA, entered a plea of guilty to Criminal Mischief in the Third Degree, a class D felony and Obstruction of Governmental Administration in the Second Degree, a class A misdemeanor.  The incident occurred on April 10, 2016, in the City of Olean when the defendant intentionally damaged property of another person exceeding $250 and intentionally prevented the administration of law or prevented a public servant from performing an official function by means of interference.  Sentencing is scheduled for January 3, 2017.

SHANE RICE, 26, of Olean , New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of  guilty to Attempted Burglary in the Third Degree, a class E felony.  The incident occurred on June 20, 2016, in the City of Olean, when the defendant knowingly attempted to enter or remain unlawfully in a building with the intent to commit a crime therein.  Sentencing is scheduled for January 3, 2017.
Sentencing
VICKI PASCUCCI, 48, of Olean, New York, was sentenced to a term of 5 years probation for her conviction to Criminal Sale of Marihuana in the Third Degree, a class E felony.  The incident occurred on June 24, 2015, in the City of Olean, when the defendant knowingly and unlawfully possessed and sold more than 25 grams of marihuana.

RICHARD FANCHER, 22, of Machias, New York, was sentenced to a term of 6 months in the Cattaraugus County Jail followed by 5 years of probation for his conviction to Attempted Unlawful Manufacture of Methamphetamine, a class A misdemeanor and to a term of 6 months in the Cattaraugus County Jail followed by 5 years of probation for his conviction to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony to run concurrent.  The incident occurred on December 16, 2015, in the Town of Yorkshire, when the defendant 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.
LORIENDA VANCLEAF, 48, of Olean, New York, was sentenced to a term of 5 years probation for her conviction to  Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony.  The incident occurred on November 7, 2015, in the City of Olean, when the defendant knowingly and unlawfully attempted to sell a narcotic drug. 

DANIEL P. KLEIN, 27, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 2 to 4 years with the New York State Department of Corrections for his conviction to Burglary in the Third Degree, a class D felony and 6 months incarceration for his conviction to Assault in the Third Degree, a class A misdemeanor to run concurrent.  The incident occurred on June 1, 2016, in the Town of Persia, when the defendant knowingly entered or remained unlawfully in a building with intent to commit a crime.

TAYLOR A. JADLOWSKI, 20, of Machias, New York, was sentenced to a term of 5 years probation for her conviction to Grand Larceny in the Fourth Degree, a class E felony and Unlawful Possession of Marijuana, a violation.  The incidents occurred on May 28, 2016 and June 13, 2016, in the Town of Machias, when the defendant stole property and the value of the property exceeded $1,000.00 and knowingly and unlawfully possessed marijuana.

LEROY J. WILLIAMS, 31, of Allegany, NY 14706, was sentenced to a term of 2 years with the New York State Department of Corrections and 3 years of post release supervision for his conviction of Assault in the Second Degree, class D felony.  The incident occurred on May 25, 2016, in the City of Olean, when the defendant intended to cause physical injury to another person by means of a deadly weapon that he possessed. 

BENJAMIN J. BLOOMFIELD, 39, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a determinate term of four years in the New York State Department of Corrections to be followed by a three year term of post release supervision for his conviction of Rape in the Third Degree, a class E felony, two concurrent one year terms for his convictions of Assault in the Third Degree and Obstructing Governmental Administration.  The incident occurred on February 13, 2016, in the City of Olean, when the defendant intended to harass, alarm, or annoy another person, subject such other person to physical contact;  engaged in oral sexual conduct with another person by forcible compulsion;  and intended to cause public inconvenience, annoyance or alarm, or recklessly created a risk and intentionally obstructed, impaired or perverted the administration of law or other governmental function.  Further, BENJAMIN BLOOMFIELD, was sentenced to a determinate term of two years in the New York State Department of Corrections to be followed by a three year term of post-release supervision for his conviction of two counts Rape in the Third Degree, class E felonies and a concurrent on year term for his conviction of Endangering the Welfare of a Child, a class A misdemeanor.  The incidents occurred between June 2014 and September 3, 2014, in the City of Olean and in the Town of Portville, when the defendant being 21 years old or more, engaged in sexual intercourse with another person less than 17 years old 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.  Finally, BENJAMIN BLOOMFIELD, was sentenced to a term of one year for his conviction of Criminal Trespass in the Second Degree, a class A misdemeanor.  The incident occurred on November 1, 2016, in the City of Olean, when the defendant knowingly entered or remained unlawfully in a dwelling.