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Lack of speedy trial ends DWI case

Published:February 9, 2010, 6:39 AM

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Updated: August 21, 2010, 4:33 AM

LITTLE VALLEY — A driving- while-intoxicated charge against an East Otto man was dismissed Monday in Cattaraugus County Court because he was not given a speedy trial.

Judge Larry M. Himelein dismissed charges against Benjamin Kreutter, 48, of Crumb Hill Road.

Kreutter was arrested last April 29 in the Town of Ashford and was also charged with failure to dim headlights.

In a motion to Himelein, Assistant Public Defender Heather Tomes asked for dismissal on the ground that Kreutter’s right to a speedy trial was violated. The prosecutor at the time — now District Attorney Lori Rieman — was obligated to state readiness for trial within six months of his arrest and did not.

In another case, Kimberly Levergood, 39, of West Valley, was sentenced to one year in jail for her guilty plea to probation violation.

She was sentenced to probation in 2007 for her conviction of third-degree welfare fraud.

Anthony J. Duell, 24, of Coudersport, Pa., was sentenced to five years’ probation for his guilty plea to third-degree burglary of a barn and shed Oct. 20-21, 2008, in the Town of Allegany.

Duell also pleaded guilty to possession of burglar’s tools in the same incident when radiators and wire were stolen.

He was sentenced to three years’ probation and ordered to pay $2,000 restitution.

Sentencing was set for May 3 for Jeffery Mayfield, 51, of Olean, who pleaded guilty to third-degree attempted criminal sale of a controlled substance July 22 in the City of Olean.

County Court will be held Tuesday next week due to the Presidents Day holiday.

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