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New York man withdraws guilty plea

A Falconer, N.Y., man is withdrawing his October guilty plea to a charge of providing a false statement.

Brent R. Frary, 42, was charged in December 2024 with third-degree felony materially false written statement – purchase, delivery, transfer of firearm and misdemeanor making a statement under penalty. After a series of continuances in the Court of Common Pleas, Frary had pleaded guilty to the felony charge while the misdemeanor charge was not prosecuted.

Frary was to be sentenced on Nov. 14 by Judge Gregory Hammond in the Court of Common Pleas, but the Warren County Public Defender’s Office made a motion to withdraw the guilty plea, which Hammond then granted. Frary is scheduled to be back in court in January, with a settlement conference scheduled for Jan. 12 and a calendar call scheduled for Jan. 26.

Another New York man was sentenced to probation to satisfy his own guilty plea to a charge of third-degree felony materially false written statement – purchase, delivery, transfer of firearm. Charles W. Riddell of Randolph, N.Y., had been charged with third-degree felony materially false written statement – purchase, delivery, transfer of firearm and misdemeanor making a statement under penalty in July 2022. He pleaded guilty to the felony charge on Sept. 11, 2025, in front of Judge Hammond and was sentenced Nov. 14 to two years probation.

Other sentences handed down by Hammond in the Court of Common Pleas on Nov. 14 include:

– Alvin S. Byler, 20, of Quaker City, Ohio, was sentenced to 6 months probation to satisfy a guilty plea to a charge of DUI: general impairment/incapable of driving safely – first offense, 6 months probation to satisfy a guilty plea to a charge of use/possession of drug paraphernalia, with both probation sentences running consecutively; as well as attendance in an Alcohol Highway Safety School and Victims Impact Panel, community service and to pay $325 in fines.

– James F. Holding, 45, of Warren was sentenced to a maximum of 6 months probation to satisfy a guilty plea to a charge of DUI: controlled substance – combination alcohol/drugs – first offense, 90 days probation after pleading guilty to accident damage to unattended vehicle or property, with probation to run consecutively, as well as attendance in an Alcohol Highway Safety School and Victims Impact Panel, community service and to pay $1,000 in fines.

– Brittany L. Johnson, 31, of Warren was sentenced to 2 years probation after pleading guilty to a charge of terroristic threats with intent to terrorize another and 1 year probation after pleading guilty to a charge of disorderly conduct/engaged in fighting, with probation to run consecutively, community service and $300 in fines.

– Mary A. Denny, 67, of Warren was sentenced to 6 months probation after pleading guilty to a charge of DUI: general impairment/incapable of driving safely – first offense, as well as attendance in an Alcohol Highway Safety School and Victims Impact Panel, and to pay $300 in fines.

– Mary K. Shaw, 46, of Warren was sentenced to 6 months probation after pleading guilty to a charge of DUI: controlled substance – Schedule 2 or 3 – first offense, as well as attendance in an Alcohol Highway Safety School and Victims Impact Panel, community service and to pay $1,000in fines.

– Christopher R.T. Holtby, 36, of Russell was sentenced to 6 months probation after pleading guilty to DUI: general impairment/incapable of driving safely – first offense, as well as attendance in an Alcohol Highway Safety School and Victims Impact Panel, community service and to pay $300 in fines.

– Joanna M. Lawson, 47, of Warren was sentenced to 6 months probation after pleading guilty to DUI: DUI: general impairment/incapable of driving safely – first offense, as well as attendance in an Alcohol Highway Safety School and Victims Impact Panel, community service and to pay $325 in fines.

– Robert Brown, 42, of Warren was sentenced to 6 months probation after pleading guilty to a charge of DUI: general impairment/incapable of driving safely – first offense, as well as attendance in an Alcohol Highway Safety School and Victims Impact Panel, community service and to pay $300 in fines. On a second docket, Brown was sentenced to 1 year probation after pleading guilty to simple assault, with probation on both dockets to run consecutively.

– Nathen Stahlman, 19, of Warren was sentenced to 2 years probation after pleading guilty to a charge of unauthorized use of a motor vehicle and $200 in fines.

– Mario L. Sapanero, 45, of Sugar Grove was sentenced to 6 months probation after pleading guilty to a charge of DUI: highest rate of alcohol (BAC .16% or higher) – second offense, as well as attendance in an Alcohol Highway Safety School and Victims Impact Panel, community service and to pay $1,325 in fines.

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