Medina Journal-Register — ALBION — An Albion man already imprisoned for driving while intoxicated and facing contraband and drug possession charges in Wyoming County was sentenced on a separate offense Monday in Orleans County Court.
County Court Judge James Punch sentenced Jason Biaselli to an indeterminate sentence of between two and four years for what Assistant District Attorney Susan Howard described as a “bail jumping” incident.
Biaselli was convicted for a 2011 felony driving while intoxicated offense, but he did not show up for sentencing. He was later found and jailed. He faces charges in Wyoming County,
including felony possession of a controlled substance and promoting prison contraband after allegedly smuggling crack cocaine into the Attica Correctional Facility.
He was sentenced Monday under the second-felony offender guidelines due to the 2011 offense. Defendants accused of being second-felony offenders have the option to contest the status, which results in a hearing; or to either affirm the status or remain silent, either which are considered as accepting the designation.
Biaselli initially chose to remain silent, which prompted Punch to say that he would not have to abide by the terms of a plea offer in that case. That led Biaselli to quickly admit the earlier conviction.
• Michael Brown, charged alongside Nicholas Thurley with assault of a corrections officer at the county jail, will receive new legal representation — a task that may prove challenging.
Punch said he was concerned that many of the jail inmates who witnessed the altercation had been previously represented by the Orleans County Public Defender’s Office, which would have raised an issue at trial. Assistant Public Defender Nathan Pace was Brown’s counsel Monday.
“There’s a strong likelihood this could be a conflict,” Cardone said after reviewing his potential witness list.
Punch rescheduled Monday’s pre-trial hearings to Feb. 25.
• The district attorney’s office submitted plea offers to a pair of defendants Monday after pre-trial hearings.
Michael Harris was offered a plea by Howard that would reduce the charged D Felony driving while intoxicated down to a E Felony. Howard said Harris refused a breath test after being pulled over by Albion Police in a vehicle containing two open containers of alcoholic beverages.
Pace said he would like to investigate the details of the stop, which Harris is contesting.
District Attorney Joe Cardone offered a third-degree attempted sale of controlled substances sentence to Justin Wright. Cardone said Wright, 23, was charged after a series of transactions with an undercover Orleans County Major Felony Crime Task Force.
• Punch ruled that two men, Joseph Stefko and Jason Houghton, would be designated as Level 3 Sex Offenders after reviewing a series of court documents and evaluations for each.
The designation is used in cases of high risk for repeat offenses or threats to public safety. In both cases, the rulings were determined using a formula that takes into account the extent of previous offenses and the age of both parties.