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Tuesday, November 15, 2016

Cattaraugus County District Attorney Report for Nov. 14, 2016

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, November 14, 2016:

Guilty Pleas
CALEB M. GERWITZ, 18, of Machias, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Attempted Criminal Possession of a Controlled Substance, a class E felony.   The incident occurred on September 23, 2016, in the Town of Ellicottville, when Gerwitz knowingly and unlawfully attempted to possess a controlled substance with intent to sell it.  Sentencing is scheduled for January 17, 2017.

DALTON J. MARTELLO, 25, 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 August 14, 2016, in the City of Olean, when Martello operated a motor vehicle on a public highway in an intoxicated condition.  Sentencing is scheduled for December 18, 2017.

DENNIS G. MITCHELL, 28, of Gowanda, New York, but presently incarcerated in the Cattaraugus County Jail, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree, a class A misdemeanor.  The incident occurred on September 5, 2016, in the Town of Persia, when the defendant possessed the materials to prepare of manufacture methamphetamine.  FURTHERMORE, DENNIS G. MITCHELL, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Third Degree, a class B felony to satisfy a pending indictment.  The incident occurred on December 21, 2015, in the Town of Persia, when the defendant knowingly and unlawfully sold a narcotic drug.  Sentencing for both is scheduled for January 17, 2017.

JOHN LEE, 42, of Salamanca, New York, entered a plea of guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony to satisfy a pending indictment.  The incident occurred on February 12, 2015, in the Town of Great Valley, when the defendant knowingly and unlawfully attempted to sell a controlled substance with intent to sell it.  Sentencing is scheduled for December 18, 2017.

LUCAS BURDIC, 23, of Delevan, New York, entered a plea of guilty to Rape in the Third Degree, a class E felony and Criminal Trespass in the Second Degree, a class A misdemeanor.  The incidents occurred on April 9, 2016, in the Town of Yorkshire, when the defendant knowingly entered or remained unlawfully in a dwelling and engaged in sexual intercourse with another person by forcible compulsion.  Sentencing is scheduled for January 17, 2017.

Sentences
RYAN PISA, 38, of Gowanda, New York, was sentenced to 5 years of probation for his conviction to  Attempted Unlawful Manufacture of Methamphetamines in the Third Degree, a class E felony.  The incident occurred on or about April 9, 2016, when the defendant was found to be in possession of lab equipment and precursors used in the manufacturing of methamphetamines.