May 31, 2016 - Livingston County, NY

OFFICE OF THE DISTRICT ATTORNEY
COUNTY OF LIVINGSTON
DISTRICT ATTORNEY
GREGORY J. MCCAFFREY
ASSISTANT DISTRICT ATTORNEYS
JOSHUA J. TONRA
JUSTIN M. HILL
HAYDEN M. DADD
ASHLEY J. WEISS
FIRST ASSISTANT
VICTOR D. ROWCLIFFE
CRIME VICTIM COORDINATOR
RICHARD J. CORRIGAN
CONFIDENTIAL SECRETARY
GERRY M. EHRMENTRAUT
After presentation by Joshua J. Tonra, Assistant District Attorney, the following case was handled in
the Livingston County Court before the Honorable Robert B. Wiggins on May 31, 2016.
WILLIAM BERTCH, age 43, of Mt. Morris was sentenced on a conviction of with Sexual Offender Failure to
Register/Verify (D Felony) to one year in the Livingston County Jail. He was also ordered to pay a $325
surcharge and a $50 DNA fee.
RONALD E. BONK, age 35, of Medina was sentenced on a conviction of Falsifying Business Records in the
First Degree (E Felony) to 1 1/2 to 3 years' in state prison. He was also ordered to pay a $325 surcharge and a
$50 DNA fee.
MISTY M. CAPPADONIA, 21, of Mt. Morris was sentenced on a conviction of Grand Larceny in the Third
Degree (D Felony) to six months in the Livingston County Jail and 5 years' probation to include drug
treatment court. She was also ordered to pay restitution, a $325 surcharge, and a $50 DNA fee.
ASHLEY M. DALE, age 22, of Mt. Morris, convicted of Rape in the Second Degree (D Felony), appeared
with her attorney and the matter was adjourned to July 5, 2016.
TYSHAWN JONES, age 19, of Brooklyn, charged with Assault in the Second Degree (D Felony), Criminal
Impersonation in the Second Degree (Misdemeanor), Resisting Arrest, Criminal Possession of Marijuana Fifth
Degree (B Misdemeanor), Speeding, and Unlicensed Operator, pled not guilty and the matter was adjourned to
July 26, 2016. Bail was continued at $50,000.
GARY LECONTE, age 34, formerly of Groveland Correctional Facility was sentenced on a conviction of
Attempted Promoting Prison Contraband in the First Degree (E Felony) to 1 1/2 to 3 years' in state prison. He
was also ordered to pay a $325 surcharge and a $50 DNA fee.
GABRIAL P. MARTINEZ-MOSES, age 48, of Livonia, charged with Criminal Possession of a Weapon
Third Degree (D Felony), Aggravated Family Offense (D Felony), Criminal Obstruction Breathing or Blood
Circulation (Misdemeanpr), Resisting Arrest (Misdemeanor), and Criminal Mischief in the Fourth Degree
(Misdemeanor), appeared with his attorney and the matter was adjourned to June 7, 2016. Bail was continued
at $10,000.
JUSTIN C. MOREY, age 27, of Wayland, charged with Criminal Possession of a Weapon in the Third
Degree (D Felony), appeared with his attorney and the matter was scheduled for trial on June 13, 2016.
ROBERT NEWLAND, age 34, of Dansville, charged with Criminal Contempt in the First Degree (E Felony)
and Menacing in the Second Degree (Misdemeanor), appeared with his attorney and the matter was adjourned
to June 7, 2016.
TIMOTHY J. PASSAGE, age 31, formerly of Livingston Correctional Facility, charged with Promoting
Prison Contraband in the First Degree (D Felony), Criminal Possession of a Controlled Substance in the
Seventh Degree (Misdemeanor) and Promoting Prison Contraband in the Second Degree (Misdemeanor),
appeared with his attorney and the matter was adjourned to June 7, 2016.
RAYMOND J. RADLEY, age 50, of E. Bethany pled guilty to Criminal Contempt in the First Degree (E
Felony) and the matter wad adjourned to July 26, 2016 for sentencing. He was remanded to the Livingston
County Jail without bail.
PETER R. ROGERS, age 39, of Geneseo, charged with 8 counts Burglary in the Third Degree (D Felony), 7
counts of Grand Larceny in the Fourth Degree (E Felony), Identity Theft in the Second Degree (E Felony),
Criminal Possession Stolen Property in the Fifth Degree (Misdemeanor), and Petit Larceny (Misdemeanor),
appeared with his attorney and the matter was adjourned to June 21, 2016.
FRANK SANTANA, age 25, of Rochester was charged with Aggravated Unlicensed Operation of a Motor
Vehicle in the First Degree (E Felony) and Speeding, pled not guilty and the matter was adjourned to August
23, 2016.
BRANDON A. TOMM, age 24, of Dansville was sentenced on a conviction of Unlicensed Growing of the
Plant Known as Cannabis ( Misdemeanor) to 4 months intermittent incarceration and 3 years probation. He
was also ordered to pay a $200 surcharge.
DEVIN H. WILKINS, age 37, of Mt. Morris pled guilty to three counts of Criminal Sale of a Controlled
Substance in the Third Degree (B Felony) and three counts of Criminal Possession of a Controlled Substance
in the Third Degree (B Felony) and the matter was adjourned to June 21, 2016 for sentencing. He was
remanded to the Livingston County Jail without bail.