Cattaraugus County Court Report

August 2, 2011 Updated Aug 2, 2011 at 10:13 AM EDT

By WKBW News

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Cattaraugus County Court Report

August 2, 2011 Updated Aug 2, 2011 at 10:13 AM EDT

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, August 1, 2011:

KENNETH JANDREW, d/o/b 09/03/1990, of Olean, New York, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony, to satisfy a pending indictment. The incident occurred on or about December 1, 2010, in the City of Olean, when the defendant sold a controlled substance. Sentencing was scheduled for October 17, 2011.

KEVIN R. STUTZ, d/o/b 05/18/1980, of Olean, New York, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony, to satisfy a pending indictment. The incident occurred on or about December 29, 2010, in the City of Olean, when he sold a controlled substance. Sentencing is scheduled for October 17, 2011.

DAWN M. CLOSE, d/o/b 2/23/1963, of Sardinia, New York, entered a plea of guilty to Driving While Intoxicated, a class E felony; and Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, a misdemeanor, to satisfy a pending indictment. The incident occurred on or about August 25, 2010, in the Town of Yorkshire, when the defendant operated a motor vehicle with a .15% BAC and at a time her license was suspended or revoked due to a prior alcohol conviction. Sentencing is scheduled for November 4, 2011.

BRANDON M. GENA, d/o/b 11/20/1990, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of guilty to Burglary in the Third Degree, a class D felony, to satisfy a pending indictment. The incident occurred on or about October 31, 2010, in the City of Olean, while acting jointly and in concert with another, the defendant knowingly entered or remained unlawfully in a building with the intent to commit a crime therein. Sentencing is scheduled for October 17, 2011.

JASON L. DILLE, d/o/b 8/28/1974, of Great Valley, New York, waived prosecution by indictment and entered a guilty plea by Superior Court Information to Attempted Burglary in the Third Degree, a class E felony. The incident occurred on or about April 28, 2011, in the Town of Great Valley, when the defendant, acting jointly and in concert with others, knowingly attempted to enter or remain unlawfully in a building with intent to commit a crime therein. Sentencing is scheduled for October 17, 2011.

MARGARET M. HATHAWAY-MCGOWEN, d/o/b 8/3/1963, of Salamanca, New York, waived prosecution by indictment and entered a guilty plea by Superior Court Information to Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony. The incident occurred on or about March 24, 2011, in the City of Salamanca, when the defendant knowingly and unlawfully sold a controlled Substance. Sentencing is scheduled for October 17, 2011.

ADAM L. PETERSON, d/o/b 9/2/1988, of Allegany, New York, entered a plea of guilty to Arson in the Fourth Degree, a class E felony; and Assault in the Third Degree, a class A misdemeanor, to satisfy a pending indictment. The incident occurred on or about October 17, 2010, in the Village of Allegany, when the defendant, while acting jointly and in concert with others and each aiding and abetting the other, recklessly damaged a building by intentionally starting a fire and with intent to cause physical injury to another person, caused such injury to another person. Sentencing is scheduled for October 17, 2011.

MARK J. BRAITHWAITE, d/o/b 12/24/1989, of Olean, New York, entered a plea of guilty to Arson in the Fourth Degree, a class E felony; and Assault in the Third Degree, a class A misdemeanor, to satisfy a pending indictment. The incident occurred on or about October 17, 2010, in the Village of Allegany, when the defendant, while acting jointly and in concert with others and each aiding and abetting the other, recklessly damaged a building by intentionally starting a fire and with intent to cause physical injury to another person, caused such injury to another person. Sentencing is scheduled for November 14, 2011.

DONALD J. PHEARSDORF, d/o/b 2/28/1988, of Allegany, New York, entered a plea of guilty to Assault in the Third Degree, a class A misdemeanor, to satisfy a pending indictment. The incident occurred on or about October 17, 2010, in the Village of Allegany, when the defendant, while acting jointly and in concert with others and each aiding and abetting the other, with intent to cause physical injury to another person, caused such injury to another person. Sentencing is scheduled for October 17, 2011.

DONALD J. PFAFFENBACH, d/o/b 07/15/1981, of Cherry Creek, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to two consecutive one year terms in the Cattaraugus County Jail for his convictions of Attempted Robbery in the Third Degree, a class E felony, and Menacing in the Second Degree, a class A misdemeanor. The incident occurred on or about July 11, 2010, in the Town of Leon, when the defendant, while acting jointly and in concert with others and each aiding and abetting each other, attempted to forcibly steal property while displaying what appeared to be a pistol or other firearm and placed another person in reasonable fear of physical injury or death. He will be sentenced on August 1, 2011.

CHAUNCEY K. DEXTER, d/o/b 3/4/1956, of Salamanca, New York, was sentenced to a term of 1-3 years in the New York State Department of Corrections, $1000 fine and his driver’s license was revoked for his conviction of Driving While Intoxicated, a class E felony. The incident occurred on or about September 2, 2010, in the City of Salamanca, when the defendant operated a motor vehicle with a .09% BAC.

ZACHARY J. BARRETT, d/o/b 10/07/1988, presently incarcerated in the Allegany County Jail, was sentenced to a term of 1-3 years in the New York State Department of Corrections for his conviction of Attempted Assault in the Second Degree, a class E felony. The incident occurred on or about May 25, 2010, the defendant, with intent to prevent a corrections officer from performing a lawful duty, attempted to cause physical injury to the corrections officer.

BENJAMIN M. ROBINSON, d/o/b 04/03/1991, of Ellicottville , New York, was sentenced to six months in jail and five years probation for his conviction of Attempted Burglary in the Third Degree, a class E felony and Criminal Mischief in the Fourth Degree, a class A misdemeanor. The incidents occurred on or about January 26, 2011 in the Village of Ellicottville, when the defendant knowingly attempted to enter and remain unlawfully in a building.

BRENNAN D. SMITH, d/o/b 4/1/1990, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was arraigned and entered a plea of not guilty to an Indictment that charges him with two counts of Criminal Possession of a Controlled Substance in the Fifth Degree, class D felonies; and two counts of Criminal Sale of a Controlled Substance in the Fourth Degree, class C felonies. The incidents occurred on or about February 2nd and 19th 2011, in the City of Olean when the defendant possessed and sold a narcotic preparation. The matter has been adjourned for motions.