WNY COVID-19 Positive Rate Hits 2%. Again.

Buffalo, NY – Western New York’s COVID-19 positive rate was at 2% for August 26.

When asked about locations, the governor said they have traced at least 53 positive cases to a food processing plant in Chautauqua County.

Other cases are attributed to community spread, a steel plant in Erie County, new cases at two nursing homes, season labor at farms.

Governor Cuomo says the state will deploy a SWAT team from the Department of Health and open eight testing sites, including three in the City of Buffalo.

“We’re closely monitoring the state’s COVID-19 data every day, and the continued 20-day streak with an infection rate below 1 percent is good news. However, I urge New Yorkers not to get complacent, particularly as we move into the fall season,” Governor Cuomo said. 

“COVID-19 is still a real threat, and it’s the actions each of us take—wearing masks, socially distancing and washing our hands—that make the difference in our ability to fight this virus. Congratulations to New Yorkers—stay with it and stay New York Tough.”

Today’s data is summarized briefly below:

  • Patient Hospitalization – 490 (-2)
  • Patients Newly Admitted – 73
  • Hospital Counties – 32
  • Number ICU – 126 (-10)
  • Number ICU with Intubation – 52 (-2)
  • Total Discharges – 74,850 (+59)
  • Deaths – 4
  • Total Deaths – 25,309

Of the 83,437 test results reported to New York State yesterday, 791, or 0.95 percent, were positive. Each region’s percentage of positive test results reported over the last three days is as follows:

 

REGION

MONDAY

TUESDAY

WEDNESDAY

Capital Region

1.4%

0.5%

1.1%

Central New York

0.8%

0.6%

1.4%

Finger Lakes

0.5%

0.5%

0.6%

Long Island

1.1%

0.9%

0.6%

Mid-Hudson

1.0%

0.9%

1.2%

Mohawk Valley

0.8%

0.2%

0.4%

New York City

0.8%

0.9%

0.9%

North Country

0.5%

0.6%

1.2%

Southern Tier

0.3%

0.3%

0.3%

Western New York

1.8%

1.4%

2.0%

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The Donald Trump ally will be re-sentenced by a district court judge after the Colorado Court of Appeals upheld her conviction but found that Mesa County District Court Judge Matthew Barrett had wrongly based part of his sentence on Peters’ exercise of her right to free speech, reported the Denver Post.

“Notwithstanding the fact that some of the trial court’s considerations were tied to proper sentencing considerations, when the court’s comments are viewed in their totality, it is apparent that the court imposed the lengthy sentence it did because Peters continued to espouse the views that led her to commit these crimes,” the opinion states.

The "tenor" of Barrett's original sentencing order indicates that he "punished" Peters for her persistence in insisting the 2020 election had been fraudulent and that keeping her in prison was necessary to prevent her from espousing views the judge felt were "damaging," and the appeals court sent the case back to him for a resentencing.

The appellate court found there was sufficient evidence to convict Peters and that she was not immune to state prosecution, and the judges also found that a purported pardon from Trump carried no authority under Colorado law.

The court denied Peters' request that a new judge resentence her, saying that issue should be raised in a lower court, and ruled that a prosecutor’s description of her case during closing arguments had no impact on the verdict.

“The evidence of her knowledge of the illegality of her conduct is so overwhelming, we simply cannot say that the prosecutor’s statement (even if improper) had any impact on the verdict, let alone an impact so great as to cause serious doubt about the reliability of the judgment of conviction,” the panel found.

Peters, now 70, was convicted by a Mesa County jury of four felony and three misdemeanor crimes for plotting to sneak unauthorized individuals into a secure area to examine voting equipment to look for evidence of voter fraud in the 2020 presidential election.

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