Morning News Briefing

Written by on October 13, 2020

A Batavia man, on parole after serving prison time, has lost his battle to have his felony conviction overturned. 42-year-old Jason Carpenter was found guilty in Genesee County court in January 2018 of felony assault. The Legal Aid Bureau of Buffalo filed the appeal claiming that Carpenter was deprived of a fair trial because, even in the absence of a for-cause challenge from either side, County Court should have excluded two prospective jurors who purportedly exhibited actual bias and another prospective juror who had an implied bias. The State Appellate Division of the Fourth judicial District wasn’t swayed. In a three-page decision, the Appellate Court rules that… contrary to Carpenter’s contention, the sentence was not unduly harsh or severe.

According to the latest statistics, New York State’s COVID-19 positivity rate without the Red Zone focus areas included was 1.05%. The state’s overall positivity rate is 1.12 percent. In “Red Zone” focus areas, the positivity rate for test results is 3.70 percent – down from the 6.13 percent average from last week. Gov. Cuomo says despite the numbers, this is not a second wave (cuomo1). The “Red Zone” focus areas are home to 2.8 percent of state’s population, yet had 17.6 percent of all positive cases reported last week to New York State.

From the crime and disorder department…46-year-old Brenda Lee Draper of Batavia has been charged with two felonies. Police charged her with grand larceny and offering a false instrument for filing. Authorities say she wasn’t totally honest when she filed an application for Supplemental Nutrition Assistant. Reports claim she failed to mention some income which allowed her to receive some benefits she was not entitled to.

The current national average price for a gallon of gasoline is $2.19, the same as one week ago (and the same as the week before that.) New York State average is $2.25 – down 1 cent since last week. AAA Western and Central New York says Batavia gas prices are down a whopping penny…at $2.20.

Some good news for a local restaurant manager… Holly Carney runs the McDonald’s Restaurant located at 587 E. Main Street in Batavia. She has been selected to receive McDonald’s Outstanding General Manager Award. This is an accolade that recognizes only the top performing 10 percent of McDonald’s Restaurant Managers. Carney was one of only 33 McDonald’s Restaurant managers from New York State to receive the honor which includes a cash prize and a trophy.

A 27-year-old man is in jail after he led State Troopers on a short chase before crashing into another vehicle in Rochester. Police said Jose Rivera was tackled after he attempted to run away. Rivera was allegedly found to be in possession of 109 bags of Fentanyl and a bag of cocaine. The parolee was charged with multiple counts of criminal possession of a controlled substance, resisting arrest and obstructing governmental administration. A violation of parole warrant was lodged and Rivera was taken to the Monroe County Jail.

Former congressman Chris Collins is expected to begin his 26-month sentence today at a Florida prison. He has been trying to get his prison time postponed due to COVID-19 concerns. Collins is set to serve his time at a federal prison camp in Pensacola. He pleaded guilty last year to federal insider trading charges.

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