Inside the Sleepy Hollow Courthouse: Grand Larceny Charge Reduced; Mayes to Receive Felony Hearing

Here's a look at what happened during Sleepy Hollow Court's August 23 session. Court is in session every Monday at 3 p.m.

Charges Dismissed in Assault Case

Hong Cho, 54, appeared to answer to a charge of Assault in the Third Degree, resulting from a February 21 arrest.

According to Assistant District Attorney Robert Docherty, the complainant in the case indicated she did not want to testify against Cho and did not appear for the scheduled trial this morning.

Therefore, Judge Alphonse Naclerio ruled the temporary order of protection granted to the complainant in the case was vacated, the defendant's bail was exonerated and the case was dismissed.

Fine and Conditional Discharge in Harassment Case

Cassidy Cahill, 26, appeared to answer to a charge of Harassment in the Second Degree, resulting from a May 2 incident where he allegedly choked his girlfriend.

Cahill pled guilty to the charge and was given a one-year conditional discharge. The temporary order of protection granted to the complainant in the case became a permanent order of protection, which Cahill must abide by for one year.

Additionally, Cahill paid $200 in fines and surcharges.

Russell Remains Incarcerated, to Receive Sentencing

David Russell, 29, appeared in handcuffs as a result of allegedly violating his probation.

Russell was convicted of Sexual Abuse in the Second Degree in 2005 and arrested for Unlawful Dealing with a Child in the First Degree on June 25 of this year.

He currently remains incarcerated in county jail without bail.

Russell's attorney requested the case be put over until September 20 for sentencing.

Drunk Driver Was Unlicensed, Caused Accident

Jamie Zhunio, 41, is charged with Driving While Intoxicated (first offense), Leaving the Scene of an Accident, operating a vehicle as an unlicensed driver and blowing a recorded .21 BAC (more than twice the legal limit), resulting from a November 27, 2009 arrest.

Zhunio's attorney indicated the vehicle he had been operating belonged to his employer, and Zhunio does not have his own vehicle or access to a vehicle.

Police reports state Zhunio hit two parked cars while intoxicated and left the scene.

Docherty recommended Zhunio be put on probation for three years to avoid allowing him to apply for a license or purchase a vehicle without the court's knowledge.

"I'm not driving anymore," said Zhunio, addressing Judge Naclerio. "I'm sorry for everything."

Consistent with the request of Zhunio's court-appointed attorney, Zhunio was given a one-year conditional discharge stating he must complete all the treatment programs he is currently involved in, including Mothers Against Drunk Drivers (MADD) and Phelps Hospital's Threshold Program.

In the future, per state law, any vehicle Zhunio operates, once he has a license, must be equipped with an ignition interlock device. The device will be connected to the vehicle's ignition and will conduct a test of the driver's blood alcohol content (breathalyzer) before allowing the vehicle to be turned on.

Zhunio was also ordered to pay $900 in fines and surcharges.

Charge Reduced in Grand Larceny Case

Judy Gilcrest, 43, appeared to answer to one charge of Falsifying Business Records in the First Degree and Grand Larceny in the Third Degree.

On March 29, Gilcrest allegedly stole funds from the Department of Labor by electronically depositing money onto a debit card without the proper authorization.

Docherty said the Economic Crimes Bureau had reviewed the case and sought $9,845 in restitution.

He additionally asked to reduce the charge of Grand Larceny to to Petit Larceny, a misdemeanor.

"I have good cause for the amendment," Docherty told the court.

Gilcrest pled guilty to the reduced charge.

Judge Naclerio promised Gilcrest that if she makes resitution by the adjourned date of December 13, appears on that day and completes all of the pre-sentence report requirements, he will serve her with a conditional discharge. If not, he said, he may sentence her to a three-year probation or up to the maximum one-year incarceration.

Mayes Case Headed for Felony Hearing

Tylin Mayes, 18, who is currently incarcerated, has a history of being combative with police officers.

In Sleepy Hollow, he is charged with Robbery in the Third Degree, resulting from a July 21 arrest.

According to Court Clerk Larry Cassidy, earlier today it was determined Mayes's case will go to a felony hearing, with a grand jury.

A date has yet to be determined.