ROCHESTER – New York’s Fourth Appellate Division will hear an appeal from a man originally charged in a case involving New York’s SAFE Act violations.
Benjamin Wassell, of Silver Creek, is appealing a 2014 judgement convicting him of third-degree criminal possession of a weapon and two counts of third-degree criminal sale of a weapon
Wassell, however, wasn’t convicted based on SAFE Act violations. Wassell originally faced five charges from the New York State Attorney General’s Office.
James Ostrowski will represent Wassell, while the Attorney General’s Office will represent the State of New York.
On Jan. 8, the court will also hear an appeal from the State of New York on a decision made by Chautauqua County Judge David Foley to suppress statements made by defendant Steven Morris.
Morris is accused of performing a sexual act with a child under the age of 11. Morris, who was charged by the Sheriff’s Office in Jun. 2017, allegedly committed the act in Apr. 2017.
The Cassadaga man is charged with first-degree criminal sexual act and predatory sexaul assault against a child, and he is in Chautauqua County Jail on $150,000 cash bail.
Lynn Schaffer is representing the People of the State of New York, while Lyle Hadju is representing Morris.