State of New York v. Timothy D. Berry

Amherst, New York, criminal defense lawyer represented the Defendant charged with fraud.

On or about Friday, September 27, 2024, and Friday, October 4, 2024, Timothy D. Berry, 36, of Williamsville, knowingly and intentionally stole money from the organization, which was collected through a social media fundraiser to support the group’s Hurricane Helene relief efforts. The defendant transferred donated money from a PayPal account to his personal bank account, which he used for unauthorized personal expenses. Further investigation determined that the actual total theft amount was $1,600.

Berry pleaded guilty to one count of Petit Larceny (Class A misdemeanor) in November 2025. As a condition of the plea to the reduced charge, Berry paid full restitution of $1,600 to the group.

DA Keane commends Detective Daniel Brinkerhoff of the Erie County Sheriff’s Office for his work in this investigation.

The case was prosecuted by Chief Gary M. Ertel of the Special Investigations and Prosecutions Bureau and Assistant District Attorney Ryan E. Thie of the Justice Courts Bureau.

The Defendant was found guilty and was sentenced to a one-year conditional discharge. In addition, he was ordered to perform 100 hours of community service where he does not have access to money.