Michael S. Tomaszewski, 49, appeared in Genesee County Court on Wednesday morning for a scheduled sentencing, however sentencing was delayed as Tomaszewski appeared before Judge Charles Zambito requesting a Public Defender for the proceeding, Public Defender Jerry Ader then appeared at Tomaszewski’s side in a courtroom packed with victims looking for a resolution and restitution.
Tomaszewski accepted a plea deal in April.
Judge Zambito wanted to proceed with sentencing, however Ader says he was just advised of the case yesterday afternoon after receiving a call from Thomas Burns, Tomaszewski’s former attorney.
Ader told the court he was not prepared to proceed as he knows nothing about the case other than what he has read in the media. Ader then requested at least two weeks to get prepared for the sentencing process.
“The plea deal was in April and the last time we appeared on November 5th he wanted to use a different attorney, waiting until yesterday is a delay tactic,” said Assistant District Attorney Kevin Finnell.
Judge Zambito agreed, but in the end decided to give Public Defender Jerry Ader the time to catch up on the status of the case.
“I want to give ample time, but this is the last time,” said Zambito”
On April 13, 2021,Tomaszewski pleaded guilty to one count of grand larceny 3rd degree, a class D felony, one count of scheme to defraud 1st, a class E felony, one count of offering a false instrument for filing 1st, a class E felony, and violating the NYS Public Health Law Section 4200, which calls for the timely burial of the deceased.
Tomaszewski will pay restitution to each victim. Some have received restitution and some have not.
Tomaszewski admitted to stealing in excess of $3,000, on January 15, 2016, $7,063.62. He also admitted to engaging in a scheme to defraud to obtain property from 10 or more persons under false pretenses in Genesee County. On April 26, 2018 in Oakfield, Tomaszewski pleaded guilty to offering a false instrument for filing as he knowingly certified false information. Lastly, Tomaszewski pleaded guilty to violating NYS Public Health Law when he failed to bury a person in a reasonable time period, and held a deceased body at his business on West Main street for 264 days, from April 27, 2018- January 4, 2019.
Tomaszewski originally faced over 200 counts when the Genesee County Sheriff’s Office released information on the investigation in July of 2020.
The charges will run concurrent and Tomaszewski could face 2 1/3 to 7 years when he is sentenced on December 7, 2021 in Genesee County Court.
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