WYOMING COUNTY/Buffalo man found guilty after 3-day bench trial after a home invasion in Arcade

On Monday, March 2, 2023, Dominic Mainella Jr., a 57-year-old resident of Buffalo, NY, was found guilty by the Hon. Michael M. Mohun, after a 3-day bench trial in Wyoming County Court. Mainella, Jr. was convicted of Burglary second degree, a Class “C” Violent Felony, Criminal Mischief third degree, a Class “E” felony and Petit Larceny, an A misdemeanor.

This case stems from a home invasion that occurred in the Town of Arcade on November 19, 2021. Mainella, using the cover of his employer’s delivery truck, drove into the victim’s driveway in the mid-morning hours of November 19th. He then damaged the garage door and entered the home through the garage where he stole cash from the owner’s wallet. Neither of the homeowners were home at the time.

Mainella currently has a separate burglary charge pending in Cattaraugus County where it is alleged that on November 29, 2021, using the same employer’s delivery truck as a cover, he entered another residence in the Town of Machias stealing jewelry. This alleged crime was committed just 10 days after the burglary in Wyoming County.

Dominic Mainella, Jr. was prosecuted for burglary in 2001 for a home invasion that occurred on French Road in the Town of Bennington. He was sentenced to 15 years in state prison for that offense. Due to that prior burglary conviction, an attempted burglary conviction in Genesee County on or about 2001 and many other past convictions.

Mainella faces life imprisonment as a persistent felony offender. The court has discretion to sentence the defendant as a persistent felony offender under Penal Law 70.10. The court may impose such a sentence only if, after conducting a hearing, the court finds that the history and character of the defendant and the nature and circumstances of his criminal conduct indicate that extended incarceration and life-time supervision will best serve the public interest. Penal Law 70.10(2) and CPL 400.20(1). If the court decides to impose a persistent-offender sentence, the range is the same as for an A-I felony. Penal Law 70.10(2). This means the maximum term must be life, and the minimum term may be not less than 15 years nor more than 25 years. Penal Law 70.00. Thus, the minimum such sentence is 15 years to life, and the maximum such sentence is 25 years to life. If the court does not find that he is a persistent felony offender, then he faces a maximum of 15 years in prison.

This matter is scheduled for a persistent felony offender hearing and/or sentencing on April 27, 2023 at 11 a.m. This case was prosecuted by Wyoming County District Attorney Donald O’Geen and defended by Joseph Terranova, Esq.

“I personally prosecuted Mr. Mainella back in 2001 and now 20 years later I prosecuted him again for the same crime. During all but 5 years of the past 35 years of his life Mr. Mainella has either been in prison, on parole, on probation or committing new crimes. It is clear that Mr. Mainella is incapable of living among us without committing crimes. He is a serial burglar who continues to shatter the sanctity of victim’s homes. This prosecution was made possible by the excellent investigative work of Inv. Bradley McGinnis of the Wyoming County Sheriff’s Department, the cooperation of Google, Inc. who provided a witness from out of state and the San Jose County Prosecutor’s Office who also assisted my office in obtaining the witness from Google. It is my hope that Mr. Mainella’s reign will finally be over,” said Wyoming County District Attorney Donald O’Geen.