The Journal Register (Medina, NY)

February 27, 2013

Hernandez bypasses indictment, accepts plea

STAFF REPORTS
Medina Journal-Register

Medina Journal-Register — ALBION — An Albion man apprehended last month shortly after robbing a village convenience store plead guilty to the crime in County Court.

Orlando Hernandez bypassed indictment and the grand jury process by agreeing to a plea offer Monday. Hernandez plead guilty to third-degree attempted robbery in exchange for a sentence not to exceed six months in prison.

Hernandez said he went into the North Main Street Yellow Goose Jan. 23 and told the cashier to give him the money while making appear he had a weapon in his pocket. The cashier complied and he left with $286.

While Hernandez did not have a weapon in his possession, Assistant District Attorney Susan Howard said the cashier would have testified at trial that Hernandez put his hand in his pocket as if he did.

All persons charged with a felony have the ability to waive their right to court hearings. Assistant Public Defender Dominic Saraceno said Hernandez was offered a good plea offer and took it.

Hernandez will be sentenced May 6 for an offense that Saraceno noted did not arise out of violent intentions.

“He did it because he was hungry,” Saraceno said.

• Anthony Harris plead guilty Monday to second-degree attempted possession of a forged instrument, an offense that could carry a sentence of up to four years in prison.

Harris, who will be sentenced May 6, said he passed a counterfeit $10 bill at an Albion business last September.

• Lynn Miller plead guilty monday to operating a motor vehicle under the influence of alcohol. He was arrested in December after registering a 0.22 blood alcohol content.

Judge James Punch told Miller that his sentence would be limited to four months of weekends if he enters an in-patient treatment facility immediately. Attorney Conrad Cropsey noted that Miller has an application to a nearby facility.