From Alecia Kaus/Video News Service:
Malik I. Ayala, 27, of Walnut Street, Batavia, was to be sentenced on this afternoon (Sept. 12) in Genesee County Court, but he did not show up.
Public defender Jerry Ader told the court he could not appear today because he was admitted to an inpatient treatment program called Reflections at the Eastern Niagara Health System in Lockport.
The program is a chemical dependency treatment program available to adults ages 18 and over to help them recover from dependence on alcohol or other drugs. The program provides short-term treatment services.
Ader asked Judge Charles Zambito for an adjournment.
Ayala will remain at the inpatient facility until Oct. 2nd.
Ayala has already accepted a plea deal and pled guilty to a charge of third-degree burglary, a class D felony.
He was picked up on Nov. 15 in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.
The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.
After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.
TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision last month. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.
Due to Malik I. Ayala’s criminal history, First Assistant District Attorney Melissa Cianfrini opposed the adjournment today.
“We feel he is a second felony offender, prison is mandatory, we are opposed to this adjournment,” Cianfrini said.
Judge Zambito explained that there was no commitment on sentencing and that Ayala was not recommended for the inpatient treatment.
“The fact (is) that he is in treatment; we will adjourn until afterwards,” Zambito said.
The new sentencing schedule is 9:15 a.m. Oct. 3.
