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Robber holds up KeyBank branch in Town of Tonawanda

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The KeyBank branch at 4248 Delaware Ave. was held up early this afternoon, Town of Tonawanda police said.

The robber was described as a white male, between five feet, 10 inches and six feet tall with light hair, wearing a dark hoodie. The man fled the bank at about 1:35 p.m. with an undetermined amount of cash, police reported.

Police have released surveillance photos of the suspect and ask anyone with information to call 879-6613.

Man arrested after drugs are found in his Niagara Falls hotel room

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NIAGARA FALLS – A suspicious vehicle being driven along Niagara Falls Boulevard with the headlights off led Niagara County sheriff’s deputies and the Niagara County Drug Task Force to a Niagara Falls hotel room where they uncovered a variety of narcotics and more than 3/4 of a pound of marijuana, valued at over $1,000, just after 9 p.m. Wednesday.

William K. Peters, 68, of Buffalo, was charged with felony third-degree criminal possession of marijuana and seventh-degree criminal possession of a controlled substance.

A deputy had stopped a 27-year-old Buffalo man driving a rental vehicle with its headlights off, but the driver was not on the rental agreement and he took the deputy a hotel room where he said he was staying with Peters who had rented the vehicle.

Peters said the driver was a friend of the family and they both had been staying at the hotel for the past two weeks. Inside the hotel room, the deputy found a glass pipe, prescription pills, a digital scale, and a small bag of marijuana. Peters also said he had another 3/4 of a pound of marijuana in a brown envelope.

Peters was arraigned in Niagara Falls City Court and issued an appearance ticket for a return court date on Feb. 4.

State audit leads to arrest of former Almond town clerk

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BELMONT – The former Almond town clerk was charged with two felonies in connection with the disappearance of $3,785 during her tenure, State Police announced today.

Maureen E. Haynes, 64, was charged with grand larceny and falsifying business records. Her arrest stems from an investigation into missing funds detected during an audit last year by the state Comptroller’s Office.

In November, the Comptroller’s Office reported that the clerk failed to adequately record receipts and deposits, and could not provide reasonable explanations for differences between her collection records and bank deposits. The audit covered the period from Jan. 1, 2010 to June 7, 2013.

Haynes resigned last March as town clerk/tax collector. Town Supervisor Richard Stuart later said Haynes had paid restitution.

Her arrest was the result of an investigation by the Allegany County District Attorney’s Office and State Police in Amity.

State Police said Haynes was released on tickets to appear Feb. 10 in Almond Town Court.

Two teens are arrested after they were found with stolen electrical equipment

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NIAGARA FALLS – A 16-year-old male and a juvenile were charged with criminal possession of stolen property after a burglary was reported Wednesday just before midnight from the yard at MGM Electrical Supply in the 2100 block of Fairfield Avenue.

The owner of MGM told police that two males were seen leaving the site pushing a shopping cart with items that may have been stolen from the yard. The owner said the two were followed to an address in the 1600 block of South Avenue where there was a shopping cart in the driveway with three light fixtures valued at $300.

Police interviewed two suspects at the house. They told police they did not enter the enclosed yard on Fairfield Avenue, but had found the stolen property near the railroad tracks.

Police charged the young men with possessing stolen property.

Escapee pleads not guilty to second drug indictment

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LOCKPORT – Adaberto Olivieri-Perez, who escaped from a patrol car Jan. 14 after being arrested on a bench warrant, pleaded not guilty Thursday to his second drug-dealing indictment of the month.

State Supreme Court Justice Richard C. Kloch Sr. added $5,000 to the $25,000 bail he set two weeks ago on Olivieri-Perez, 23, of Willow Avenue, Niagara Falls.

The new indictment includes two counts each of third-degree criminal sale and possession of a controlled substance, stemming from alleged heroin sales to a police informant in the Falls Oct. 21 and 28.

Two weeks ago, when his attorney took him to court two days after his escape, Olivieri-Perez denied a five-count indictment related to heroin, cocaine and marijuana seized by police in a June 19 raid.

Also in Kloch’s court Thursday, Maulana Lucas, 21, of Grand Avenue in the Falls, pleaded not guilty to two counts each of third-degree sale and possession of crack cocaine, Nov. 13 and Dec. 9 in Niagara Falls.

Buffalonian sentenced for selling counterfeit money

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A Buffalo man has been sentenced to six months in prison by U.S. District Court Judge Richard J. Arcara following his conviction for selling counterfeit U.S. currency, U.S. Attorney William J. Hochul Jr. announced Thursday.

Sean Castleberry, 35, was ordered to serve his sentence consecutive to a 12-month prison term he currently is serving for a parole violation.

Prosecutors said Castleberry sold $1,050 in counterfeit cash to an undercover agent last June, believing that the officer was a drug dealer who was going to use the money to buy illegal drugs. Hochul noted that Castleberry has four felony convictions in New York State for drug and burglary related charges.

Olean man, 70, faces 98 counts of possessing child pornography

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Among proceedings this week before Judge Ronald D. Ploetz in Cattaraugus County Court in Little Valley, an Olean senior citizen pleaded not guilty to a 98-count child pornography indictment and a middle-aged Olean man pleaded not guilty to sexually assaulting a teenage girl nearly three years ago.

Larry E. Westfall, 70, was charged by a Cattaraugus County grand jury with the felony counts of promoting a sexual performance by a child for allegedly amassing a child pornography collection between Nov. 3, 2011 and July 30, 2013.

Edward D. Prince, 49, was charged by a county grand jury with two counts of third-degree rape, endangering the welfare of a child and first-degree criminal contempt for allegedly having sex with a 16-year-old girl in Olean in June 2011 and violating court protection orders by attempting to contact his alleged victim again.

Also this week:

• Jason A. Hogle, 30, of Olean was sentenced as a prior felon to serve two to four years on his Dec. 11, 2013 guilty plea to felony possession of stolen property, identity theft and attempted witness intimidation charges just as his jury trial was about to begin. Cattaraugus County District Attorney Lori Pettit Rieman said Hogle, who served several brief prison terms since 2004 for burglary and grand larceny convictions, got into trouble again in the Town of Hinsdale in December 2012, trying to influence a witness in his latest thefts.

• David C. Benson, 46, of Olean, was ordered to serve a prison term of up to five years and then face 2 years of post-release supervision on his conviction on felony drug sale charges for a City of Olean drug deal on June 22, 2012.

• Christopher D. Burton, 26, of Olean, was ordered to serve up to two years in the Cattaraugus County Jail on his Nov. 18, 2013 guilty plea to third-degree burglary and third-degree attempted burglary and petit larceny counts for a series of incidents in Olean last year.

• Thomas L. Barone, 42, of Gowanda, was placed on probation for five years, ordered to pay $623.63 in restitution and fined $500 on his conviction on charges of attempted assault and criminal mischief for firing at a snowplow driver with a BB gun in the Town of Persia on Feb. 20, 2013.

• Jennifer J. Stives, 35, of Olean was placed on probation for five years on her guilty pea last Nov. 18 to attempted sales of drugs in Olean twice last March.

• Douglas E. Goodwin, 23, of Williamsport, Pa., pleaded not guilty to an indictment charging him with felony reckless endangerment, criminal mischief, unlawfully fleeing a police officer, unlicensed driving and reckless driving and 19 traffic citations linked to a high speed police chase from Olean to his hometown last July 13.

• Julie R. Richardson, 24, of Olean, pleaded not guilty to an indictment charging her with felony criminal possession of a controlled substance in the third degree for her arrest while allegedly in possession of a quantity of heroin in Olean last Aug. 15.

• Zachary D. Ellis, 30, of Fredonia, pleaded not guilty to an indictment charging him with driving while intoxicated, aggravated unlicensed driving and traffic violations of moving from a lane unsafely and parking on pavement for his arrest in the Town of Randloph last May 15 when he allegedly had a blood-alcohol reading of 0.13 percent and his license was suspended because of an earlier alcohol conviction.

• Frederick J. Alexander II, 20, of Yorkshire, pleaded guilty to third-degree burglary, criminal mischief and making a false written statement for incidents last August in his hometown. He faces sentencing March 31.

• Jesse E. Smith, 21, of Olean, pleaded guilty to two counts of third-degree burglary for incidents in the Towns of Hinsdale and Olean July 10 and Aug. 17. He faces sentencing May 12.

• Nadia J. Dellapenta, 17, of Randloph, pleaded guilty to an attempted burglary charge for a Town of Randolph incident last June. She faces sentencing May 19.

• Patrick A. Cook, 24, of Irving, waived a grand jury presentation and pleaded guilty as charged to criminal possession of a controlled substance in the fifth degree for his arrest in the Town of Conewango last Aug. 22. He faces sentencing May 19.

• Phillip J. Boudreaux, 47, of Olean, pleaded guilty to criminal sale of a controlled substance in the fifth degree for an Olean drug deal on Jan. 11, 2013. Currently held at the Cattaraugus County Jail, he faces sentencing March 31.

• Jesse J. Conner, 35, of Olean, pleaded guilty to a felony charge of welfare fraud in the fourth degree and a misdemeanor count of petit larceny for getting welfare benefits illegally from December 2010 to July 2011. He faces sentencing March 31.

email: mgryta@buffnews.com

Insider lays out litany of Local 17 wrongdoing in federal court

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James L. Minter III was at the center of it all, one of three men accused of orchestrating the “Local 17 Criminal Enterprise,” a union leader known for his anonymous letter threatening the wife of a contractor.

But Minter changed sides soon after his arrest, becoming the government’s first prize witness, a role that earned him leniency and, it turns out, $9,000 in cash from the FBI.

Minter’s involvement in the union’s wrongdoing and his subsequent role as a government informant were front and center Thursday as the Local 17 racketeering and extortion trial unfolded in Buffalo federal court.

The former organizer for the union testified about his involvement in a wide range of activities designed to intimidate construction companies into hiring union workers over a 10-year period ending in 2007.

“Try to delay work as much as possible,” he said of Local 17’s strategy toward non-union contractors. “Try to slow down the trucks.”

Under questioning by Assistant U.S. Attorney Anthony M. Bruce, Minter told of the time he handed out stars – sharp metal objects designed to flatten truck tires – at a picket line on Delaware Avenue in Buffalo.

And he spoke of the day he took part in the sanding – pouring a destructive abrasive into the engine of a truck or piece of heavy equipment – of an excavator at another work site.

The goal, Minter said, was always the same – make life miserable for construction contractors who refused to hire members of Local 17, Operating Engineers.

Minter also acknowledged being the author of a threatening letter sent to the wife of a contractor the union was trying to organize.

The anonymous “Dear Tara” letter makes no mention of Local 17 or its campaign against her husband’s company but does make several references to her marriage and her husband’s well being.

“We would like for the job to run as smoothly as your wedding day at The Apple Inn,” the letter said.

Minter said he wrote the letter with the intention of intimidating the couple.

“Your purpose was to scare this woman you had never met?” defense lawyer Rodney O. Personius asked him.

“Yes,” Minter said.

“And to scare her husband?” Personius asked.

“Yes,” Minter said.

The former union organizer also found himself facing questions about his cooperation with the FBI.

Arrested in April of 2008, Minter was the first defendant in the case to plead guilty and agree to testify against his fellow union members.

His motivation, he told the jury, was the possibility for leniency in a sentence that could have sent him to prison for up to 20 years.

Minter also acknowledged receiving $9,000 in cash from the FBI in 2010 so he and his wife could relocate to New York City or North Carolina.

Personius, at one point, showed Minter the FBI receipt documenting the $9,000 payment and asked him if he had reported the money as income on his tax returns as required by the receipt.

Minter said he had not.

“You didn’t report it on any return?” Personius asked.

“No,” he said.

Personius then reminded Minter that tax evasion is a criminal offense and asked him whether he had reported the income in any subsequent year.

“You still haven’t taken that step?” he asked. “No,” Minter said.

Minter is the third defendant turned cooperating witness to testify in the trial, but, unlike the other two, he is viewed by prosecutors as one of the three leaders of Local 17’s 10-year criminal conspiracy.

The other two are Carl A. Larson, who will testify soon, and local president and business manager Mark N. Kirsch.

email: pfairbanks@buffnews.com

Arrest of 2 men by Cheektowaga police may solve armed robbery spree in area

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Cheektowaga police say they may have put an end to a string of as many as 21 related armed robberies across the area with the arrest of two men early Thursday morning.

Anderson A. Arroyo, 29, of Amherst, and Timothy S. Reinard, 45, of Lockport, were arrested at about 1:20 a.m. following the third holdup in recent weeks of the Noco gas station at 5114 Transit Road. Police believe that the two may be responsible for a rash of similar armed robberies over the last month in Amherst, Wheatfield, Medina, the Town of Tonawanda and other jurisdictions.

“We feel like we really accomplished a lot here getting these two off the streets and behind bars,” said Cheektowaga Police Capt. James J. Speyer Jr.

Two men wearing hoods and bandannas entered the Noco at about 1 a.m., displayed a gun and demanded money from the cash register, police said. The clerk complied and was forced to lie on the floor as the robbers fled.

While searching for the robbers, Officer Matthew J. Arnold saw a vehicle run a red light at Losson Road and Towers Boulevard and stopped the 2001 Chevrolet Malibu registered to Arroyo as it turned onto Rushford Lane, police said. Evidence from the robbery and clothes matching the suspects’ descriptions were found in the car, according to police.

“We’ve got a pretty solid case,” Speyer said.

Police believe that the robbers drove south on Transit after the holdup to a Walmart parking lot at Losson, where they removed their coats. Arnold became suspicious of the vehicle’s occupants when he noticed their lack of coats in the cold weather, Speyer said, calling the observation “good police work.”

“We’re very happy and, by the same token, very fortunate,” Speyer said, noting that no one was hurt in any of the holdups.

Speyer said he did not know the connection between Arroyo and Reinard or a possible motive.

Police believe that the robbery spree began Dec. 24. Besides the three robberies at the Noco, Cheektowaga police were also trying to link the two to a robbery of the Express Mart at 2700 Union Road on Saturday.

Other recent armed robberies took place at a 7-Eleven convenience store on Niagara Falls Boulevard in North Tonawanda and a 7-Eleven on North French Road and a Gulf gas station at 4220 Sheridan Drive, both in Amherst. The Able Insurance Agency on Erie Avenue in North Tonawanda was held up Monday in broad daylight.

Cheektowaga police said they are working with other area police agencies to determine whether the other robberies were committed by Arroyo and Reinard, who face multiple charges, including first-degree robbery, criminal use of a firearm, criminal possession of stolen property and criminal possession of a weapon.

They were being held in the town jail awaiting arraignment.

email: jpopiolkowski@buffnews.com

Three charged with DWI in separate incidents

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Deputies and state police charged three local drivers with driving while intoxicated overnight.

One woman was found passed out in her vehicle in a liquor store parking lot.

A man was found hiding in the woods after striking mail boxes.

Another woman was stopped for driving erratically and found to have a blood alcohol content nearly three times the legal limit.

State Police responded to a call of a woman passed out in her vehicle in the parking lot of Passport Wines & Spirit on Main Street in Clarence about 3:30 p.m. Thursday. Troopers said the motor in the vehicle was running and a trooper noticed a strong odor of alcohol as he checked on the woman.

Elizabeth S. Simmons, 44, of Salt Road, Clarence, told police she had been in the parking lot about 10 minutes. She failed roadside sobriety tests and her blood alcohol content showed 0.23 after she submitted to a breath test.

She was charged with aggravated DWI and issued tickets.

Later that night, Maria Navarro, 25, of Williamsville, was charged with aggravated DWI and traffic infractions after she was stopped for erratic operation on Connection Drive in Clarence about 11:45 p.m. Thursday.

A breath test revealed her blood alcohol content to be 0.22, almost three times the legal limit of 0.08. She was issued traffic tickets.

And an Angola man was charged with felony DWI after deputies responding to a report of a vehicle leaving the road, striking several mail boxes and hitting a utility pole in North Collins shortly after midnight Friday morning.

Deputies discovered David A. Rubeck, 41, had fled the scene on foot. Deputy Ken Achtyl found him hiding in the woods. His blood alcohol content was 0.1, and he was charged with felony DWI and felony aggravated unlicensed operation. He had a previous DWI conviction within the last 10 years, and his license had been revoked for a previous alcohol-related offense. He also was charged with leaving the scene of an accident and several traffic infractions.

Snowmobiler, 70, found dead in Sheldon after extensive overnight search

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A 70-year-old Marilla man who left home on a snowmobile Thursday morning was found dead near his crashed snowmobile in the Town of Sheldon early this morning after an extensive search that included deputies, firefighters and members of a snowmobile club.

According to a press release from the Wyoming County Sheriff’s Office, Wesley J. Kless of E. Blood Road, Marilla went out for a ride on his snowmobile at 11 a.m. Thursday and was reported missing by a concerned family member some time later.

The Erie County Sheriff’s Office began a search for Kless, tracing pings from his cell phone to the area of Route 20 (Big Tree Road) and Dutch Hollow Road in the Town of Sheldon, Wyoming County. At about 3:30 a.m., the Erie County Sheriff’s Department notified the Wyoming County Sheriff’s Office that it would be searching in the area. A command post was set up at the Harris Corners Fire Department at Route 20A and Folsomdale Road.

At about 6:15 a.m., snowmobile units from the Erie County Sheriff’s Department found Kless’s 2001 Polaris snowmobile, which had crashed into the side of a 6-foot wide, 4-foot deep drainage ditch on a natural gas line path that Kless had apparently taken after leaving the marked snowmobile trail. Kless’s body was found about 12 feet from the snowmobile.

Kless was pronounced dead at the scene by Coroner Neil Williams; an autopsy will be performed to determine the exact cause of death.

Assisting with the search for Kless, in addition to both sheriff’s departments, were Erie County Sheriff’s Department’s Air One helicopter, Wyoming County Emergency Services, the Folsom Trailblazers Snowmobile Club and fire departments from Harris Corners, Varysburg, Arcade and Strykersville.

email: aneville@buffnews.com

Buffalo woman admits stealing $6,000 in jobless benefits

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A Buffalo woman convicted of welfare fraud in 2007 pleaded guilty Thursday to third-degree grand larceny for stealing more than $6,000 in unemployment benefits from another government agency.

Paulette Robinson, 35, of Briscoe Avenue, admitted receiving $6,069 in jobless insurance benefits from Nov. 21, 2011, to Sept. 30, 2012, by falsely certifying that she was unemployed when she was working, according to Erie County District Attorney Frank A. Sedita III.

Besides her 2007 welfare fraud conviction, which led to a sentence of three years’ probation, Robinson was convicted of fourth-degree attempted witness tampering for telling two juvenile witnesses on July 29, 2012 to lie to Buffalo police about a shooting in which her son was a suspect. She received an adjournment in contemplation of dismissal in that case.

In the grand larceny case, Robinson faces a maximum prison sentence of two and one-third to seven years when she is sentenced April 18 by Erie County Judge Michael L. D’Amico, according to Assistant District Attorney Gary M. Ertel.

Drunken driver who needs heart surgery placed on probation

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LOCKPORT – A Niagara Falls man who has four alcohol-related driving convictions was placed on six months’ interim probation Friday because he needs heart surgery.

“You certainly are in a dire state with your health, and I don’t think I can ignore that,” Niagara County Judge Sara Sheldon Farkas told Lysander C. Scott, 29, of Willow Avenue.

Scott’s doctor is trying to schedule surgery for him soon, defense attorney Angelo Musitano said. Scott said, “If I have to do a stretch in state prison, I’m not sure I’ll make it home.”

Scott pleaded guilty April 25 to felony driving while intoxicated in connection with a Sept. 1, 2012, incident in which he crashed his car into another vehicle after narrowly missing a Niagara Falls police car.

Scott also was arrested in late July, when Falls police said they caught him with 2½ ounces of crack cocaine and two loaded handguns.

Bail revoked for prison-bound Lockport man after stabbing

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LOCKPORT – Niagara County Judge Sara Sheldon Farkas ordered a Lockport man locked up without bail Friday after learning he had allegedly stabbed a man five days after pleading guilty in another case.

Farkas revoked the $7,500 bail of Chad A. Michalak, 32, of Elmwood Avenue, after Deputy District Attorney Doreen M. Hoffmann reported that Michalak had been arrested Jan. 22 and charged with first-degree assault in the stabbing of John Cuillo in a parking lot on Locust Street in Lockport.

Hoffmann said a witness to the Cuillo stabbing quoted Michalak as saying, “I’m going away for two to four years, so I have nothing to lose.”

That was the maximum sentence for Michalak’s Jan. 17 guilty plea for attempted second-degree assault for beating a man into unconsciousness in a Price Street home on Dec. 14, 2012. His sentencing is due March 27.

Falls man on probation charged with having 4 pounds of pot

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LOCKPORT – A Niagara Falls man allegedly caught by his federal probation officer with 4.62 pounds of marijuana in his basement pleaded not guilty Friday in Niagara County Court.

Marcus M. Hall, 40, of Cleveland Avenue, was indicted on a charge of second-degree criminal possession of marijuana. Assistant District Attorney Peter M. Wydysh said the probation officer found two bags of pot Aug. 21.

Hall was placed on five years’ probation in April 2011 by U.S. District Judge Richard J. Arcara, in the wake of his guilty plea to unlawful possession of a firearm by a user of marijuana, a crime committed in November 2008. Hall now is in the Niagara County jail without bail as a federal probation violator.

In another drug case Friday, Milton L. Daniels, 25, of 22nd Street in the Falls, pleaded not guilty to two counts each of third-degree criminal sale and possession of a controlled substance. He is accused of making two crack cocaine sales to police informants in the Falls, on Oct. 23 and Nov. 12.

Sinclairville woman hospitalized after crash in Arkwright

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FREDONIA – A 42-year-old Sinclairville woman was knocked unconscious Thursday afternoon when she lost control of her vehicle and went off the north shoulder of County Route 72 in the town of Arkwright, state police said.

Tricia Cole was taken to Brooks Memorial Hospital in Dunkirk by Cassadaga Volunteer Fire Department crews. State troopers based at Fredonia spotted her vehicle off the road and woke her. An EMS crew arrived and removed her from the vehicle.

Troopers found she had been traveling southeast on Route 72 when she lost control.

Maple Grove bus driver suffers medical emergency, hits three cars

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BEMUS POINT – A school bus driver had a medical emergency and crashed in the parking lot of the Maple Grove Junior-Senior High School in the Town of Ellery about 7:58 a.m. Friday.

No school children were on the bus at the time.

Three parked cars were struck by the bus before it stopped in a snow bank, according to the Chautauqua County Sheriff’s Department.

The driver, whose name was not released, was treated at the scene by the Fluvanna Volunteer Fire Department and transported to Ellery Town Park by an Alstar Ambulance. From there a Starflight helicopter took the bus driver to Buffalo General Hospital for treatment.

No charges are being considered in the incident, the sheriff’s department said.

Salamanca drug-trafficking suspect jailed

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LITTLE VALLEY – A 34-year-old Niagara Falls man was remanded to the Cattaraugus County Jail on drug charges tied to cocaine sales in the city after he was arrested around noon Friday in Salamanca by the Southern Tier Regional Drug Task Force.

Richard E. Smith Jr. of 2209 Pierce Avenue, Niagara Falls, pleaded not guilty in Salamanca City Court to two counts of criminal possession of a controlled substance in the third-degree and two counts of criminal sale of a controlled substance in the third degree.

Wyoming man arrested for aggravated DWI

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WARSAW – A 28-year-old Wyoming man was arrested for aggravated driving while intoxicated after a one-car rollover accident Thursday on Saltvale Road in the Town of Middlebury, the Wyoming County Sheriff’s Office reported.

Matthew A. Cerefin was driving a south on Saltvale Road between Lamb Road and LaGrange Road when he drove off the west shoulder, slid back onto the roadway and went off on the east side of the road, overturning in a ditch multiple times. His vehicle was demolished.

Cerefin was arrested after he was treated and released from Wyoming County Community Hospital. He was charged with aggravated DWI, failing to keep right and operating a motor vehicle while using a mobile phone. He was released to a family member and is due in Middlebury Town Court on Feb. 24.

Amherst man charged with federal child porn counts

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A 32-year-old Amherst man faces federal charges of possessing child pornography containing graphic depictions of the sexual abuse of young children.

Cameron Stroke pleaded not guilty Friday to federal charges of possessing child pornography in his initial arraignment before U.S. Magistrate Judge Hugh B. Scott. U.S. Attorney William J. Hochul Jr. said Stroke was arrested after he posted inquiries online soliciting minors for sexual purposes.

Cheektowaga police detectives and state police investigators worked with the FBI in the investigation, Hochul said.

Stroke now faces a bail hearing at 11:30 a.m. Monday.
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