The Journal Register (Medina, NY)

Local News

February 6, 2013

Biaselli receives 2 to 4 years

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.

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