A “global” plea agreement that would satisfy several felony charges against a Le Roy man is on the table following a lengthy session Monday morning in Genesee County Court.
First Assistant District Attorney Joseph Robinson offered 45-year-old Arthur J. Brown (photo at right) a prison term of seven to eight years to satisfy criminal charges in connection with a September 2021 incident on Clinton Street Road (Route 33) as well as subsequent charges for failing to register as a sex offender and drug possession with the intent to sell.
Brown, who is being represented by Joseph A. Lobosco, is being held in Genesee County Jail in connection with the latest charges.
County Court Judge Melissa Lightcap Cianfrini scheduled his next appearance for 1:30 p.m. this Wednesday for determination of the plea offer.
Speaking following the two-hour session, Robinson said the plea offer is based on the following offenses:
- One count of violating the Sex Offender Registration Act, a Class D felony;
- Attempted criminal possession of a weapon, 2nd degree, a violent felony;
- Attempted criminal possession of a narcotic drug with intent to sell, a Class C felony.
Robinson said that Brown was charged last week for “some drug offenses out of the city" (of Batavia) and was remanded to County Jail after arraignment on those charges. Brown was wearing the jail’s orange jumpsuit this morning.
The criminal possession of a weapon charge stems from an incident on the afternoon of Sept. 19, 2021, when Brown was stopped on Clinton Street Road in the Town of Stafford for allegedly driving erratically.
After being pulled over by law enforcement personnel, he ran into a cornfield and wasn’t apprehended for several hours. Initially, there was a report of “shots fired” (which later was determined not to be the case). Upon his arrest, law enforcement reported recovering a handgun at the scene, which Brown said wasn’t his.
From that incident, Brown was charged with second-degree criminal possession of a weapon, menacing a police officer, tampering with physical evidence to conceal or destroy, second-degree obstruction of governmental administration, seventh-degree criminal possession of a controlled substance, driving while impaired by drugs and failure to keep right. The first of those charges is a felony.
“With his history and the weapon charge being violent, he would be sentenced as a second violent felony offender,” Robinson explained. “And the agreement for the time is that he would be serving a minimum of seven years, but a maximum of eight – a one-year range – and that would be left to the discretion of the court once we come back for sentencing. And then there is a waiver of a right to appeal, which is typical in every case.”
When asked if this would be satisfying the case “globally,” Robinson agreed.
“Exactly. It would be resolving all of his pending matters in County Court, and whatever might be pending in town court. It would resolve all of these,” he said. “If he is going to take it, we’ll have an SCI or Superior Court Information filed, which is necessary for the court to be able to take a plea on the new charge from last week.”
During today’s proceedings, which were adjourned for an hour to allow for further consultation, Lobosco indicated to the judge that Brown is “somewhat amenable” to the offer but wished to be released from pending sentencing due to personal issues. Lightcap Cianfrini countered by saying that she would not agree to any type of relief prior to acceptance of the plea agreement.
The judge also advised Brown that much stricter sentences could be imposed – even up to 25 years to life -- should Brown opt to refuse the plea offer and then was found guilty of the many charges in a jury trial or trial in front of the judge.
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