Bergen

Press release:

Hugh O’Brian Youth (HOBY) Leadership Seminars have been held yearly throughout the United States and Canada since 1958. The purpose of HOBY is to provide sophomores the opportunity to meet many distinguished leaders of the community from various sectors such as business, technology, education, government, arts, and science. Through intense but informal panel discussions, HOBY participants get a realistic look at their nation, its people, and their own role in the world community.

Every year, all sophomores are eligible and encouraged to apply for this exceptional leadership seminar. This year, Ashley Montgomery, daughter of Becky and Marc Montgomery, was selected as the Byron-Bergen High School “HOBY Ambassador,” with Colby Savage, son of Julie and Donald Savage, selected as alternate. Ashley, Colby, and sophomores around the country are selected based on a variety of criteria such as leadership ability, sensitivity to others, communication skills, community service, etc.  Ashley will attend this seminar held at the University of Rochester from May 30 through June 1. Check www.hoby.org for more information.

Bradley R. Jordan, 21, of East Bethany, and Amber L. Reinisch, 18, of Castile, are charged with burglary, 3rd, petit larceny and criminal possession of stolen property, 5th.

The investigation that led to the charges against Jordan and Reinisch began with a resident in the Village of Silver Springs reporting that she observed a male and female break glass in an overhead door and enter the garage attached to her apartment. State Police responded, but the suspects fled before they arrived on scene. Suspect and vehicle descriptions were provided to law enforcement officers in Wyoming County.

Police also received a complaint of a male and female fitting the description of the burglary suspects causing a disturbance at the McDonald's in Warsaw. The vehicle description for the two individuals also fit the burglary description. The vehicle was reportedly seen heading toward Save-A-Lot in Warsaw.

A short time later, a customer at Save-A-Lot reported seeing a male customer in possession of a handgun. The person had not threatened anybody with the weapon, but had removed it from his waistband as he walked through the store and then put it back in his waistband.

Village of Warsaw police officers, Wyoming County Sheriff's deputies and troopers all responded to the area. The suspect vehicle was located and Jordan and Reinisch were taken into custody.

Both suspects are accused of stealing merchandise from Walmart and Olympia Sports in North Warsaw, along with the burglary in Silver Springs. The alleged theft from Walmart was of a compact C02 pistol, which State Police say was the weapon later observed by a customer at Save-A-Lot. State Police alleged that when Jordan observed troopers at the front of the store, he ducked into a bathroom and discarded the weapons in a wastebasket. The weapon was later recovered and secured as evidence.

Jordan and Reinisch were arraigned and jailed on $5,000 bail each.

Tilar B. Clark, 22, of Batavia, is charged with unlawful possession of marijuana. Clark's vehicle was stopped by State Police in the Town of Attica, Wyoming County, for an alleged equipment violation. He was allegedly found in possession of a small amount of marijuana.

Paul D. Barth Jr., 23, of Cohocton Road, Pembroke, is charged with criminal contempt, 2nd. Barth was allegedly sending text messages to a person he was ordered by a judge not to contact.

Desiree Michelle Hutchinson, 18, of Batavia, is charged with endangering the welfare of a child. Hutchinson allegedly admitted to Officer James DeFreze that she was hold her baby while in same room with a friend who was smoking marijuana.

Scott P. Rodon, 48, of Garfield Avenue, Batavia, is charged with harassment, 2nd. Rodon was allegedly involved in a domestic incident at 1 a.m. Thursday.

Oliver Thomas, 22, of Chestnut Street, Batavia, is charged with harassment, 2nd. Thomas allegedly hit a person in the face during an argument, which was reported at 3:45 a.m. Friday.

Taylor M. Andrews, 20, of McKenzie Road, Caledonia, is charged with menacing, 2nd. endangering the welfare of a child and conspiracy, 5th. Andrews is accused of encouraging a juvenile to use a crowbar against another person during an argument. The victim was not struck with the crowbar. The alleged incident was reported at 2 a.m. Friday at 21 Wood St., Batavia.

Robi Liam Terziani, 19, of Route 19A, Portageville, is charged with petit larceny. Terziani is accused of stealing hydrocodine pills from a residence in Byron where he was hired to do service work.

Billy Joe Budziszewski Jr., 22, of Route 77, Corfu, is charged with criminal possession of a weapon, 3rd, and bail jumping, 2nd. Budziszewski was arrested on warrants out of Village of Corfu Court. He is also allegedly the subject of warrants out of Erie County on burglary, 2nd, and petit larceny charges and out of Wyoming County for failure to pay fine. Budziszewski was jailed on $25,000 bail or $50,000 bond.

Chance Robert Cooley, 19, of Route 5 & 20, Canandaigua, is charged with unlawful possession of marijuana. Cooley was allegedly found in possession of marijuana in a medicine container and a glass smoking pipe with marijuana in it. Cooley was the passenger in a vehicle stopped for an alleged traffic violation at 12 :15 a.m. Sunday on Route 77, Pembroke, by Deputy Chris Parker. Also charged was Anthony Lee Irish, 22, of Terri Drive, Farmington, who was also issued traffic summons for no front plate and no insurance.

Christopher C. Berg, 27, of Pavilion, is charged with a misdemeanor under the vehicle and traffic law. Berg was stopped by State Police at 8:36 p.m. Wednesday on Veterans Memorial Drive. No further details released.

Adam J. Bobzin, 43, of Byron, is charged with DWI and driving with a BAC of .08 or greater. Bozin was stopped at 9:42 a.m. Thursday on West Sweden Road, Bergen, by State Police.

These are the latest indictments issued by the Genesee County Grand Jury.

Marino M. Marasciulo III is indicted on 16 criminal counts, including third-degree rape, all alleged to have occurred in the Town of Bergen. In late January or early February, 2013, this adult over the age of 21, allegedly engaged in sexual intercourse with a person under 17, a Class E felony. In count two, the defendant is accused of allegedly engaging in oral sexual conduct with a person under 17, also a Class E felony. In count three of the indictment, the defendant is accused of forcible touching, a Class A misdemeanor. In or about July 2012, for intentionally and for no legitimate purpose, Marasciulo allegedly forcibly touched the sexual or other intimate parts of another person for the purpose of degrading or abusing such person or for the purpose of gratifying the actor's sexual desire. In count four, Marasciulo is accused of a Class A misdemeanor, in or about July 2012, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 or directed or authorized such child to engage in an occupation involving substantial risk of danger to her life or health. In count five, the defendant is accused of the same conduct as in count four but in April or May 2013 and with a second child under 17. In counts six and seven (Summer of 2012), eight (Summer of 2012 -- May 2013) and nine (late January or early February 2013) the defendant is accused of the same conduct but with a third, fourth, fifth, and sixth child, respectively. The remaining seven counts, all Class A misdemeanors, are for unlawfully dealing with a child for allegedly providing alcohol to a person or persons under 21.

Shadow S. Jonathan is indicted for the crime of second-degree assault, a Class D violent felony, for allegedly intending to cause, and causing, physical injury to another person or a third person by means of a dangerous instrument, a wooden beam, on Sept. 13 in the Town of Alabama. On the same date, the defendant is also accused of attempted assault in the second degree, a Class E felony, for allegedly intending to cause physical injury and attempting to cause such injury by means of a dangerous instrument, a metal stake.

Nicole M. Dellapenna is indicted for second-degree assault, a Class D violent felony, for allegedly intending to cause physical injury to another person, causing injury to the person or a third person by means of a dangerous instrument, a knife, in the Town of Le Roy of Aug. 24. She is accused of criminal possession of a weapon, 4th, a Class A misdemeanor, for allegedly knowingly possessing a dagger or dangerous knife or other dangerous instrument or weapon with intent to use the same unlawfully against another.

Matthew A. Beccue is indicted for allegedly driving while intoxicated, a Class E felony. On Nov. 22 in the City of Batavia, he drove a 1994 Chevrolet in the parking lot of a gas station and on Route 63 and on Liberty Street all while allegedly intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly have a BAC of .18 or more.

Press release:

Fourth-graders at Byron-Bergen Elementary School are on track to making a substantial economic impact on their state and their community. The class has created a well-researched rationale for designating yogurt as the Official New York State Snack, based on job creation and promoting healthy eating.

They sent handwritten letters – over 200 of them – to state legislators, farm owners, and yogurt companies. Their idea is now a bill sponsored by New York State Senators Mike Ranzenhofer, Kathleen Marchione, and James Seward and by Assemblymen William Magee and Steve Hawley. The bill is currently in committee.

The 17 members of the “Snack Pack,” led by fourth-grade teacher Craig Schroth, say yogurt deserves the title of Official New York State Snack. Student Madelyn Pimm says, “New York is now the biggest yogurt producing state in the U.S., with over 30 processing plants. Governor Cuomo refers to us as the ‘Yogurt Capital of the Country.’ We are the fifth largest milk producing state. We have three yogurt companies right here in our own community – Alpina, Müller-Quaker, and O-At-Ka. Many of us have family members who work there.”

“We want to support the yogurt industry and help create more jobs,” says student Alayna Streeter. “If this becomes law, there will be more opportunities for farmers who milk the cows, for drivers who deliver the milk, for people who make it into yogurt and other products, for distributors, and stores – jobs all down the supply chain.”

“Making yogurt the official snack will help New York promote healthy eating,” says student Caleb Calhoun. “Yogurt tastes great and is really good for you.”

These students are all highly knowledgeable and engaged in the legislative process they started. Letters of support from their representatives line the classroom wall. “Our whole class came up with the idea to promote yogurt,” says student Carly Bergeron. “We’re learning about government in action.” The class is hoping that they may be invited to Albany if their bill becomes law. Follow the progress of the bill at http://open.nysenate.gov/legislation/bill/S6695-2013.

“We want to get the word out and build backing for our bill. It’s important for everyone to support the yogurt industry because they are also supporting our communities with jobs,” says Alayna.

One yogurt company is already grateful for the assistance being drummed up by the Byron-Bergen students. Chobani plans to send a representative to the school to thank the students in person later this spring.

Byron-Bergen won the Mock Trial area final tonight in a match against Attica.

Judge Tom Moran presided.

Attica and Byron-Bergen won semifinal rounds of the mock trial competition held in Wyoming County Court, in Warsaw, on Monday night.

All four teams were 1-1.  Here's the point totals:

Attica - 120 points
Byron-Bergen – 119 points
Batavia – 113 points
Pembroke - 112 points

The finals are tomorrow, 5 p.m., in the Genesee County Courthouse.

To purchase prints, click here.

A German shephard allegedly bit an 11-month-old child in the face in the 6900 block of West Bergen Road. The dog is said to be on the porch and calm at this time and the resident has been told to secure the animal inside. Bergen fire and Mercy medics are responding along with Sheriff's deputies.

UPDATE 2:02 p.m.: The baby is being transported to Strong Memorial Hospital in Rochester.

UPDATE 5:35 p.m. (by Howard): According to State Police, the dog belonged to a family member who was visiting from out of state. The family was gathered in a room with the baby crawling around. The baby "made a beeline for the dog" and the dog, described as "elderly" and "14 years old," just reacted and nipped the child. The child was transported to Strong where the child received some stitches and was released. No charges are anticipated.

The quarter finals of the GLOW-region mock trials were held Wednesday night in the Genesee County Courthouse.

The winners were:

• Batavia, 2-0 with 121 points
• Byron-Bergen, 2-0 with 108 points
• Attica, 1-1 with 112 points
• Pembroke, 1-1 with 104 points

The semi-finals are Monday in the Wyoming County Courthouse. The cases start at 5 p.m.

The case this year involves a lawsuit filed by a farmer over nearby hydrofracking.

To purchase prints, click here.

Michele Ann Case, granted a second chance at a trial on fraud charges after her first conviction was overturned, is likely to get that trial starting July 7, Judge Robert C. Noonan said in County Court today.

Case will have until April 18 to accept any plea offer, if one is forthcoming, Noonan said.

It's Noonan's practice to set plea cut-off dates, after which point a defendant must either go to trial or plead guilty without any conditions.

District Attorney Lawrence Friedman has not publicly stated whether there is any potential plea offer.

Case, 47, a home health care nurse, formerly from Bergen, is accused of bilking her former employer out of $14,000 by filing fraudulent financial records about her hours and travel.

For previous coverage, click here.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved applications for two projects at its March 6, 2014, board meeting. 

The Bank of Castile/Tompkins Trust Company is purchasing a building located at 113-119 Main St. in the City of Batavia and plans to renovate the second floor (10,000 square feet) into a call center for its expanding operations because of limited space in its current location in the City of Batavia. The company also plans to maintain the first floor and continue renting space to current lessors. 

The company was approved for a sales tax exemption of approximately $53,600 and a property tax exemption of approximately $27,800 to expand its existing facility. The planned capital investment will total an estimated $1.5 million dollars and is projected to create two new jobs.

Tompkins Trust Company built a new 18,000-square-foot headquarters in the City of Batavia in 2004, investing more than $2.9 million dollars. The company had pledged to create 63 new jobs; as of 2012, it had created 74 jobs.

Liberty Pumps is planning a 100,000-square-foot expansion of its existing facility at Apple Tree Acres in Bergen, NY. The renovation will include new spaces for production, warehouse, research and development, as well as an office, auditorium and training center. An initial resolution for Liberty Pumps was approved to set a public hearing as the total amount of incentives exceeds $100,000. The capital investment for the expansion project is $9.8 million and will create 27 new jobs while retaining 124 employees at the facility.

In 2000 Liberty Pumps invested $3.7 million for the acquisition of the land and construction of a 60,000-square-foot manufacturing facility. It underwent another expansion project in 2008 which entailed the investment of an additional $4 million for the construction of a 64,000-square-foot addition to the existing facility.

“It’s great to see companies that our agency has assisted with in past, come back to us with plans to expand their operations and create even more jobs in our region,” said Wally Hinchey, GCEDC board chairman.

It's going to take a good deal more electricity to power an expanded Liberty Pumps in Bergen and adding more transmission lines to Appletree Acres will cost a bit of money.

To help pay for it, Genesee County Economic Development Center is proposing a financing scheme known as a PIF -- PILOT Increment Financing.

Liberty Pumps already has an approved PILOT (Payment in Lieu of Taxes) for its expansion, and a PIF reallocates some of their PILOT payments toward infrastructure payments.

In this case, GCEDC is proposing a 50-percent PIF, meaning the taxing jurisdiction will get half of the PILOT payments and half will go toward a fund to pay for the additional power lines and poles.

The cost of the electricity project is estimated at $150,000.

The power expansion will benefit all of Appletree Acres, making it more attractive to potential businesses considering the park and Village of Bergen residents, said Mark Masse, VP of business development for GCEDC.

It will also mean ratepayers in the Village of Bergen -- which has its own power utility -- won't see a rate increase as a result of infrastructure upgrade.

Of the 10-year period of the PILOT/PIF, the county will receive nearly $80,000 in PILOT payments and $80,000 will go to the electricity project. For the county, the gain/loss of $80,000 is not currently either a budgeted expense or budgeted revenue.

For the Village of Bergen the split is $17,600, and for the Byron-Bergen School District, it's $287,850.

All three jurisdictions will need approve the PIF.

Masse will explain the project to the Byron-Bergen School Board tonight.

A PILOT is a mechanism to relieve a new or expanding business of some property tax burden on projects expected to create new jobs. The property is either owned or leased by the nonprofit GCEDC so there are no property taxes owed; the business then makes payments in lieu of those taxes during the PILOT period. The payments increase on a graduated scale over a 10-year period, usually started at 20 percent of the increase in assessed value.

A PIF, then, takes those payments and allocates at least a portion to a specific community project.

The County's Ways and Means Committee learned about the PIF plan for Appletree Acres on Wednesday, but was not yet asked to vote on the project.

Liberty Pumps is planning to add 100,000 square feet of manufacturing and office space.

Jason Lang, 30, of Liberty Street, Batavia, is charged with petit larceny, reckless endangerment, unlawful fleeing a police officer and reckless driving. Lang was arrested in Ontario County for an incident reported at 1 p.m. Monday at Pearl Vision in Eastview Mall. Lang allegedly stole two pair of Ray-Ban sunglasses valued at $358. He allegedly fled from police. He later turned himself in to the Genesee County Sheriff's Office. He was arraigned in Victor Town Court and jailed on $5,000 bail, $10,000 bond. (Source: Finger Lakes Daily News / Click here for previous coverage of Jason Lang).

Aaron Michael Bove, 23, of East Buffalo Street, Churchville, is charged with grand larceny, 4th. Bove allegedly stole $1,000 in cash from a business in Bethany while there cleaning the establishment.

A 16-year-old resident of North Bergen Road, Bergen, is charged with harassment, 2nd. The youth allegedly struck another student in the head during a class at Byron-Bergen High School.

Daniel Paul Hinca, 18, of Railroad Avenue, Alexander, John M. Francis, 20, of Vernon Avenue, Batavia, and a 17-year-old resident of Vernon Avenue, Batavia, are charged with unlawful possession of marijuana. The trio were allegedly found in the rear parking lot of 80 Vernon Ave., Batavia, following a complaint about people in a vehicle who appeared to be smoking marijuana. The three defendants were allegedly found in possession of a bag of marijuana and drug paraphernalia.

Its expertise in agri-business, along with its high quality standards, has made the the family-run company, Bonduelle, a household name in Europe for canned, frozen and fresh vegetables. It has 47 plants around the world and sells in 100 countries.

Headquartered in France, Bonduelle is a worldwide market leader in prepared vegetables. The recent addition to Western New York has been named the Genesee County Chamber of Commerce Agricultural Business of the Year.

“We are proud to be recognized by the community,” Byron Facility Manager Jim Newcomb said. “Our company is pleased with the local grower base, the skill of the employees and the opportunity to market in the U.S.”

Bonduelle purchased two Genesee County plants in 2012 from the former Allen food processing facilities in Bergen and Oakfield, along with a plant in Brockport. They retained all of the existing full-time staff and employ nearly 800 people in the United States, 400 of whom are full-time workers.

The Bergen plant deals with peas, green beans, sweet corn and carrots, while Oakfield processes green, lima and wax beans, along with butternut squash.

Both locations will produce more than half of the 257 million pounds of frozen, ready-to-eat, vegetables that Bonduelle’s American operations are projected to sell in 2014. The Brockport packaging facility will handle 130 million pounds of processed vegetables.

Bonduelle posts more than $2.5 billion in annual revenues and has invested $1.7 million into the three New York facilities in its first year, upgrading equipment, improving training, as well as ensuring that only the best produce is purchased from family farms within the area.

They work with a network of local growers and the Bergen and Oakfield plants harvest most of their vegetables from within a 30-mile zone. Growing crops in close proximity to freezing facilities allows them to preserve maximum freshness. Since vegetables only travel a short distance from field to plant, they’re frozen just a few hours after harvest, capturing freshness at their peak of maturity.

Bonduelle’s operations are supplied by local growers who are part of more than 130,000 acres contracted by the company, and its team of experts ensure thorough control over every step in the food processing chain, from seeding to packaging.

People are the driving force of Bonduelle. Therefore, it's important to provide them with opportunities to upgrade and hone their skills. Whether it's in farming, production, quality assurance, sales or another sector, the company credits its team members as the company's driving force.

They include longtime Bergen facility employee Newcomb, who started there in 1971 when it was CB Foods, pushing pea carts, and who has worked his way up as the company has changed hands several times. As previously noted, he's now a Bonduelle facility manager.

“I’m excited to be working here, which is hard to believe since I’ve been here since 1971. Bonduelle has invested capital dollars into the facility, bringing money into the community and we are definitely on an upswing,” Newcomb said.

The company has been in the frozen, ready-to-eat vegetables business since 1970. Products are marketed under private-brand labels for U.S. food distributors and supermarket chains, such as Wegmans store-brand frozen vegetables. Its sales team operates on the major retail trade and food services networks.

Bonduelle’s plants, equipped with modern technology, enable flexibility and greater production capacity. The company is poised to grow and increase volume. Their Northeast operations are a prime focus and that means expansion for Genesee County plants.

“We are currently at about 80-percent capacity, which is up from the 65- to 70-percent the plant ran in the past, but we plan to increase capacity even more, as well as introduce new crops,” Newcomb said.

File Photos. Photos by Howard Owens.

Some of the evidence used against a former Bergen woman in her trial for fraud a year ago shouldn't have been submitted to the jury, so the woman should get a new trial, an appeals court has ruled.

Michele Ann Case, 47, of 1037 Chili Center-Coldwater Road, Rochester, was found guilty by the jury on criminal counts for allegedly bilking her employer out of more than $14,000 in fraudulent mileage and reimbursement claims.

Case was a home care nurse.

In prosecuting the case, the District Attorney's Office used as evidence summaries of financial and accounting documents as evidence.

According to the justices of the Appellate Division, Fourth Judicial Department, Case's attorney, Public Defender Gary Horton, did not challenge the admissibility of the documents.

The documents were not admissible, the court ruled, because the defense was not given a chance to review the data used to create the summaries.

The lack of review denied Case her right to a fair trial, the court ruled.

District Attorney Lawrence Friedman said the prosecution is "back to square one" -- at the same point the case was at before Case went to trial, but unless there is a plea deal, Friedman indicated he intends to proceed with the case.

"It's not like this decision indicates in anyway that we can't prove our case," Friedman said. "It's a question as to the admissibility and accuracy of the records that were used. It's certainly something that's curable for a retrial.

"This is not anything in my mind that weakens our case," Friedman added. "It's a matter of going back and reviewing the records and eventually redoing summaries that were used for the jury."

The Bergen Business and Civic Organization was created in 1896 as the Businessman's Club and was reorganized in 1969 to include not only women, but all civic-minded citizens. The club currently has 48 business members and 15 civic members from Bergen and the surrounding communities and they are dedicated to the betterment of not only Bergen, but Genesee County as a whole.

In 2014 they will celebrate the 45th anniversary of the reorganization of the group and the 25th anniversary of the Bergen Park Festival. This family-oriented alcohol-free, community event includes a parade, car cruise, food, craft vendors, a book sale, a bounce house, zoo animals, pony rides, games, contests, live music and culminates with fireworks. All proceeds from the event go back to the village and town parks.

The Genesee County Chamber of Commerce is honoring the Bergen Business and Civic Association with the Special Service Recognition of the Year Award.

Anne Sapienza is the current president of BBCA and she has been a member for 30 years.

“I, along with the membership, am very honored to be recognized by the Genesee County Chamber of Commerce,” Sapienza said. “Volunteers do so because there is a feeling of self-satisfaction in a job well done. The team effort necessary to have an organization continually put forth positive community programs is huge and although not essential, a pat on the back is always welcome. I believe this award has brought some awareness to our organization and hopefully it will entice area residents and businesses to join."

Sapienza became involved because it was an organization devoted to the whole community.

"We support school events, veterans, hospice care and more. We have sponsored the annual Easter Egg Hunt at Hickory Park in the Village of Bergen for over 35 years," Sapienza said.

The BBCA publishes the Bergen Directory every two years, which allows businesses to advertise locally and promote their services. They also offer tours of businesses so that citizens can learn about their operations and how they affect the community.

The group hosts a recognition dinner every year, which honors five or six individuals, businesses and organizations that have contributed to the community in a positive way.

The BBCA organized the 200^th Birthday Celebration of the Town of Bergen with a dedicated garden and time capsule, along with special events at the Park Festival of 2013.

The club donates to the the Byron-Bergen Public Library, Masons' Christmas gift baskets, Genesee County Fair, Genesee County Veterans Services and Byron-Bergen Central Schools.

As is the case with volunteer organizations, although there are many members, only a core group of longtime members regularly attend meetings and assist with programs.

“Although the Town and Village of Bergen have been very supportive and assist with different projects, we always encourage new members and younger members to join as well,” Sapienza said.

Meetings are held the third Monday of the month at 13 S. Lake Ave. in Bergen at noon and everyone is welcome to attend.

Photo by Howard Owens. Clockwise: President Anne Sapienza (white sweater), Secretary Charlie Cook, Treasurer Maria Rowland, and Vice-President Michele Smith.

In County Court today, Dustin Locicero got exactly what he asked for: the maximum sentence Judge Robert C. Noonan could possibly hand down.

That is three-and-a-half to seven years on Locicero's plea bargain in which Locicero admitted to forgery 2nd.

The 29-year-old Bergen resident was arrested in January and accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester.

Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations.

He was charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd.

At the time of his arrest he had pending charges for identity theft.

The plea satisfied all of Locicero's charges.

District Attorney Lawrenece Friedman said he asked for the maximum sentence under the plea agreement, and public defender Jerry Ader asked for the minimum sentence, two to four years.

When Locicero was given a chance to address the court, Friedman said, the defendant told Noonan he might as well give him the maximum sentence because he will die in prison anyway.