Kenmore Man Pleads Guilty to Reduced Charge After Graduating from U-CAN ERIE Diversion Court Program

Modified: September 29, 2022 9:05am

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9/29/2022

Erie County District Attorney John J. Flynn announces that 24-year-old Daniel D. Hill of Kenmore was sentenced on Tuesday morning before Erie County Court Judge Susan Eagan to a one-year conditional discharge after graduating from the U-CAN ERIE diversion court program. He was permitted to withdraw his previous plea to a felony and plead guilty to a reduced charge – one count of Criminal Trespass in the Second Degree (Class “A” misdemeanor).

On Saturday, May 30, 2020, at approximately 10:34 p.m., the defendant and other unknown individuals broke through a glass window to burglarize a liquor store on Elmwood Avenue near West Utica Street. The crime was committed as a protest was underway in the City of Buffalo. The liquor store was closed at the time of the crime. The defendant unlawfully entered the store and stole merchandise.

Hill initially pleaded guilty to one count of Burglary in the Third Degree (Class “D” felony) on September 21, 2021. As part of his plea, Hill was permitted to enter U-CAN ERIE as one of the first participants of a newly created diversion court program in Erie County.

U-CAN, which stands for “United Against Crime Community Action Network,” is a court-monitored, anti-crime mentorship program for eligible young adult defendants who may continue to be involved in the criminal justice system without intervention. U-CAN ERIE is a collaborative effort by the Court, Erie County District Attorney’s Office, Legal Aid Bureau of Buffalo, Erie County Probation Department, Peaceprints of WNY and Project Blue to provide mentorship and services to first-time, non-violent offenders who may be at risk of committing a crime again in the future.

The defendants between the ages of 18 and 25 who have been charged with their first non-violent felony offense may be eligible to participate in U-CAN ERIE. The program provides individualized support and services to young offenders, who have been deemed likely to reoffend, in an effort to deter criminal behavior and provide resources to help them improve their lives in the future. The overall goal is to reduce recidivism through early intervention that addresses the specific needs of the defendant through mentorship and court-monitored goals, which intend to set the defendant on a path to become a productive, law-abiding member of our community and reduce their likelihood of further involvement in the criminal justice system.

Eligible defendants will be offered the opportunity to participate in U-CAN ERIE under these terms:

  • Plead guilty to felony or misdemeanor in exchange for one-year of interim probation
  • Agree to meet once weekly for at least one hour with the court designated mentor
  • Follow standard conditions of probation
  • Obtain a high school equivalency diploma and/or maintain employment
  • Abide by any treatment requirements imposed by the Court

A defendant’s eligibility to participate in U-CAN ERIE is determined by the Erie County DA’s Office, Legal Aid Bureau of Buffalo and Erie County Probation Department. Individuals accused of committing their first felony offense for a violent crime such as the use of a firearm or deadly weapon during the commission of a crime, sex offense, domestic violence-related incident or have a known gang affiliation are not eligible to participate in this program.

The program is currently supervised by Erie County Court Judge Susan Eagan. The Court maintains regular contact with each defendant and requires them appear in court on a designated day each month. During the scheduled session, the Court obtains a status report by speaking with the defendant, their defense counsel and the probation officer. A representative from the Erie County DA’s Office can attend these sessions. At each monthly session, the Court discusses a relevant topic and may invite guests to speak with the participants.

The New York State Mentoring Program pairs participants with trained community mentors, provides ongoing support, and acts as liaison between the mentor and the defendant. Defendants who cancel mentoring sessions with less than 24 hours of notice are required to complete community service hours. Persistent mentorship cancellations or deviation from the program requirements can result in removal from the program, which would require the case to be transferred back to the previous judge for adjudication.

The Erie County Probation Department identifies a designated probation officer, sensitive to needs and challenges of this population, to supervise the participants during the one year of interim probation.

Peaceprints of WNY and Project Blue works to address the needs of the defendant by connecting them with various service providers.

If the defendant successfully completes the program as part of one year of interim probation, the defendant is permitted to withdraw his or her guilty plea and plead guilty to a misdemeanor conviction or non-criminal disposition.

“There are too many young people who have become involved in the criminal justice system. My office is often prosecuting the same young person, sometimes for committing more serious, violent crimes. Therefore, we need immediate intervention in order to reduce recidivism.  A felony conviction can prevent a person from improving their life in the future and creates barriers in obtaining student loans, joining the military or finding employment. Whenever possible, I want to give a second chance to a young person who has made a bad choice. This diversion program provides an opportunity for the defendant to learn from their mistakes and get the help that they need to turn their life around,” said Erie County District Attorney John J. Flynn.

DA Flynn commends the Buffalo Police Department for their work in this investigation.

The case was prosecuted by Assistant District Attorney Briana R. D. Miller of the Felony Trials Bureau.