District Attorney

Department Information

            The District Attorney’s Office prosecutes all criminal charges brought to this office by various arresting agencies in Genesee County.  We assist the police agencies in pre-arrest investigations and applications for Search Warrants and in conjunction with them we prepare applications for eavesdropping warrants or pen register orders; we do legal research; we consult with the police agencies and courts regarding bail; we meet with victims and witnesses and prepare felony cases for Preliminary Hearings and presentation to the Grand Jury.  After a case had been indicted by the Grand Jury, the Prosecuting Attorney is present at all court appearances scheduled for the case.  We draft all legal documents, prepare for and participate in hearings, negotiate pleas, prepare for trials, select juries and prosecute cases through the verdict and sentencing.  At sentencing we must address the issue of restitution for losses sustained by the victims.  Proof of losses must be obtained by the District Attorney’s office and, if a resolution can not be agreed upon, a hearing is conducted to resolve the matter.  After a defendant has been sentenced, the D. A.’s office prepares appeal briefs and argues appeals in the Genesee County Court, the New York State Appellate Division and the New York State Court of Appeals.  We also defend all post-judgment applications to vacate criminal convictions on the grounds of newly discovered evidence (or other grounds).

             The District Attorney’s office prosecutes all misdemeanor cases in every Town, Village and City Court in the County.  Pursuant to a contract between Genesee County and the City of Batavia, we also prosecute Vehicle and Traffic Law violations and Penal Law violations (non-criminal offenses) in the Batavia City Court and provide additional services to this Court and the Batavia Police Department which are not available to the other Local Criminal Courts and Police agencies in the County. Misdemeanor cases are handled in much the same way as felony cases, except that they do not go through the Grand Jury process.

             The District Attorney’s Office also prosecutes all Violations of Probation at both the County and City/Town/Village levels, as referred to the office by the Genesee County Probation Department.  Furthermore, our Office represents the interests of the People of the State of New York in the County’s Drug, DWI, Veterans and Mental Health Treatment Courts, held in the Batavia City Court and the IDV (Integrated Domestic Violence) Court held in the Genesee County Supreme Court.

Office Staff

             The Genesee County District Attorney’s Office is staffed by District Attorney Kevin T. Finnell, First Assistant District Attorney Joseph J. Robinson and Assistant District Attorneys Kaitlynn Schmit, Robert J. ("Bo") Shoemaker, Andrew J. DiPasquale, Nicholas T. Texido and Jenna L. Bauer.  The support staff is made up of Confidential Secretary Lacie Snell, Legal Clerk-Typist Andrea Siverling, Paralegal Jessica Carlson and Paralegal Sara Butzbach.