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Ballston Spa ATV driver with son on board convicted in felony DWI case

Friday, May 25, 2012
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— A Ballston Spa man was convicted Thursday of felony drunken driving on an all-terrain vehicle with his 7-year-old son as a passenger.

Yancy Cook, 31, of 352 Malta Ave. was found guilty in Saratoga County Court after a three-day jury trial of the driving while intoxicated charge under Leandra’s Law, which makes driving drunk with a child in the vehicle an automatic felony. He also was convicted of two misdemeanor DWI counts.

Cook was driving a 2008 Kawasaki ATV on Malta Avenue in Malta on May 3, 2011, while his blood-alcohol level was 0.12 percent, authorities said. State police arrested him.

“An ATV is a motorized vehicle under the Vehicle and Traffic Law and the rules of the road apply to it the same as they do for vehicles,” Saratoga County District Attorney James A. Murphy III said in a statement. “We are thankful that no harm came to the child due to a crash or falling off the ATV.”

Cook faces a maximum sentence of 11⁄3 to four years in state prison on the most serious charge, and is scheduled to be sentenced July 19.

Also recently in Saratoga County Court:

• A Ballston Spa man accused of clipping a tow truck and crashing into another vehicle on Route 50 in December was indicted Tuesday on eight felony charges.

Aurelio Bidinost, 46, of 2067 Birchton Road was indicted on two counts each of aggravated vehicular assault, first-degree vehicular assault, and second-degree vehicular assault, all felonies; one count each of second-degree assault and first-degree reckless endangerment, both felonies; two counts of misdemeanor DWI; and one count of misdemeanor reckless driving.

The crash happened in the southern end of Saratoga Springs near the Villa Balsamo. Police said at the time that Bidinost hit the tow truck, which was pulled over helping a customer, and then flipped over on top of a car traveling in the other lane.

Bidinost and the driver whose vehicle was struck, Patricia Rouge of Ballston Spa, both were injured.

• Kenneth Boni, 60, of Richmond, Va., was indicted Tuesday on three felony counts of DWI, including aggravated DWI. He was charged in connection with a June incident in Saratoga Springs.

• Jeffrey M. Turner, 42, of 722 Central Ave., Albany, was indicted Tuesday on third- and fourth-degree criminal possession of a controlled substance, felonies, unlawful possession of marijuana, a violation. State police arrested him in November in Malta.

• Jason A. Thompson, 24, of 1 Compton Road, Clifton Park, was indicted Tuesday on two counts of felony DWI and one count of aggravated unlicensed operation in connection with a June arrest in Saratoga Springs.

• Brock Piurowski, 32, of 1433 Chrisler Ave., Schenectady, pleaded guilty Monday to fifth-degree criminal possession of a controlled substance in connection with a March 2011 charge in Moreau. On Tuesday he was sentenced to two years in state prison and two years’ post-release supervision.

• Matthew Shiel, 27, of Lake Luzerne was sentenced Tuesday to a year in Saratoga County Jail and $600 restitution in connection with a third-degree burglary charge in September in Corinth. He pleaded guilty in March.

• Michael A. Irvine, 32, of 5 Texacana Road, Ballston Spa, was sentenced Tuesday to time he already served in jail in connection with a felony DWI arrest in September. He faces five years of probation for the incident in Milton, to which he pleaded guilty in March.

 
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