NORWICH – Three individuals were arraigned in Chenango County Court during a morning session held last Monday, Aug. 22.
• David Quintana, 34, of Oxford, appeared in court charged with two separate felonies. Quintana faces one count of aggravated unlicensed operation of a motor vehicle in the first degree, a class E felony; and one count of driving while intoxicated, a class E felony.
It is alleged that Quintana, on or about July 23, 2016, on Silver Street, a public highway in the City of Norwich, at approximately 3:48 p.m., did operate a 1993 BMW 3231, a motor vehicle, while his ability to operate said vehicle was impaired by alcohol or while an intoxicated condition and/or while having more than .08 of one percentum by weight of alcohol in his blood, in violation 1142 of the Vehicle and Traffic Law, and while knowing, or having reason to know, that his license and his privilege of operating a motor vehicle in New York State and his privilege of obtaining a license issued by the Department of Motor Vehicles was revoked or suspended, and said revocation or suspension having been issued upon a violation of Section 1192 of the Vehicle and Traffic Law of the State of New York.
The second count of Quintana's indictment alleges that, at the aforementioned time and place, he did operate a motor vehicle while in an intoxicated condition. At the time of his arrest, Quintana was allegedly observed swaying as he walked, his speech was slurred, his eyes were bloodshot and watery and his breath smelled strongly of alcoholic beverage.
During his brief court appearance, John Cameron, who was assigned to represent Quintana, waived a reading of the charges, and entered a plea of not guilty to both counts, on behalf of Quintana.
First Assistant District Attorney Michael D. Ferrarese, who represented the people of Chenango County in the matter, requested that Quintana's bail remain at $2,000 cash, or $4,000 bond. He also told the court that this was Quintana's third alcohol related arrest within a short period of time.
The Honorable Judge Frank B. Revoir Jr., who presided over the case, kept Quintana's bail stationary, on condition that he reside at his residence seven days a week, he have no further violations of the law, and he not leave New York State without the courts permission. Quintana will also be subject to random testing for the presence of drugs and alcohol.
Quintana executed a pre-plea waiver form at the conclusion of proceedings.
• Charles E. Miller, 37, of Afton, appeared in court charged with nine separate felony offenses. Miller faces nine counts of possessing a sexual performance by a child, a class E felony.
It is alleged that Miller, on or about June 13, 2016, at a residence on Jennings Lane, in the Town of Afton, did allegedly possess a video and eight images of a sexual performance by a child.
John Cameron, who was assigned to represent Miller, elected to waive a formal reading of his client’s charges, and entered not guilty pleas to all nine counts.
Ferrarese, who once again represented the people of Chenango County, was the first to speak on the issue of bail. He said, “I note that the defendant voluntarily appeared in court. He is charged with possessing nine separate downloads and images, but there were allegedly thousands of images found on his computer. The defendant faces substantial state prison time if he is convicted, so we are asking for $10,000 cash bail, or $30,000 bond.”
Cameron argued fervently on his client's behalf. “Mr. Miller has lived in Central New York since 2009,” he said. “He has no criminal history. He previously appeared in the Town of Afton court. He has been taking care of his aunt, who just passed away yesterday. We ask that he be released on his own recognizance.”
Judge Revoir noted that Miller faces nine separate felony charges, and set bail at $2,500 cash, or $5,000 bond.
If Miller posts his bail, Judge Revoir instructed him that he must reside at his residence seven days a week, he must have no further violations of the law, he cannot leave New York State without the court's permission, and he is not to engage in any type of internet activity while the charges against him are pending.
Miller also executed a pre-plea waiver at the conclusion of proceedings.
• Kenneth E.T. Oefelein, 26, of Afton, appeared in court charged with one felony offense, failure to register as a sex offender, a class E felony.
It is alleged that Oefelein, on or about a day during the month of February, 2016, did knowingly fail to register his Facebook account. Further, as of July 11, 2016, records of the Division of Criminal Justice Services indicated that the defendant had not registered said Facebook account with the sex offender unit.
In court on Monday, John Cameron, who was also assigned to represent Oefelein, waived a reading of the charge against his client, and entered a not guilty plea on his behalf.
Ferrarese spoke on the issue of bail. He said, “The defendant is an out of state transfer of probation. It was also brought to my attention that he faces separate charges of stalking in Delaware County. We would ask for $5,000 cash bail, or $10,000 bond at this time.”
Judge Revoir decided against remanding Oefelein, and continued his release on his own recognizance, with the stipulations that he reside at his residence seven days a week, he not leave New York State without the court's permission, and he engage in no online activities while his case is pending.