Michael S. Tomaszewski, 48, a former funeral home director, was arraigned on the charge of violating NYS Public Health Law, a misdemeanor, after allegedly holding a deceased body of person at his former business on West Main street in the town of Batavia for 264 days, from April 18, 2018 through January 2019, without burying or incinerating, violating the NYS Public Health Law, according to investigators with the Genesee County Sheriff’s Office.
Appearing virtually in Genesee County Court with his attorney Thomas A. Burns, Tomaszewski pleaded not guilty and will continue to be released on his own recognizance.
In a February 2, 2021 virtual appearance in Genesee County Court, a plea offer from District Attorney’s Office was in the works, but because the Town of Batavia Court was closed due to COVID-19, the arraignment on the above charge was never completed and was holding up the plea deal process.
Today, Judge Charles Zambito was able to arraign Tomaszewski on the above charge, however Tomaszewski was not prepared to enter a plea and his attorney requested an adjournment.
Tomaszewski is facing more than 200 criminal counts and has waived indictment.
Assistant DA Kaitlynn Schmit requested that Tomaszewski proceed with a plea deal in today’s virtual court appearance.
Referring to a discussion with Tomaszewski and his attorney earlier today, Schmit told the court that the conversation would not have any effect on the plea offer.
“I would like to have closure for the victims in these cases,” Schmit said.
Judge Charles Zambito granted the adjournment, stating that under the circumstances it would be appropriate.
The case will now be adjourned until April 13, 2021 at 3:45p.m. for further proceedings.