Ontario County Judge Craig Doran ruled the witness tampering charges against local attorney Andrew Tabashneck will not be dismissed and the criminal procedure will continue due to the "potential harm to the community and judicial system" that may have occurred.

CANANDAIGUA — A lawyer facing misdemeanor charges of witness tampering had his motions for dismissal, or omnibus motion, denied.

Andrew Tabashneck, an attorney who once represented Erin Rhynes of Geneva on his ongoing attempted murder case, was charged with fourth-degree witness tampering for allegedly speaking with a confidential informant who was willing to deliver a false affidavit to benefit Rhynes.

“Based upon the foregoing, defendant’s motion to dismiss the indictment is denied in all respects.” writes Judge Craig Doran in his decision.

The omnibus motion was presented for Tabashneck by his attorney Daire Brian Irwin, who argued that there were three reasons why the case should be dismissed: dismissal of accusatory instrument (arguing that there were procedural errors); dismissal in the interest of justice; or the leave to file further motions.

A confidential informant called Tabashneck in a controlled phone call that was arranged by investigators, where they discussed a contradictory affidavit regarding Rhynes' attempted murder charge.

Doran did not hold back in his decision:

“The seriousness and circumstances of the offense — the defendant is accused of tampering with a witness so as to affect that witness’ testimony. This conduct allegedly occurred while the defendant was acting as a defense attorney. This Court finds that conduct to be of a serious nature," states Doran in his ruling.

“The extent of harm caused by the offense — the defendant is accused of attempting to affect the outcome of a felony trial by tampering with the testimony of a witness. In addition to the actual harm evidence by the defendant’s removal as attorney on the case of People V Rhynes, the potential to harm the community and to the justice system is extensive.”

Since Tabashneck’s arrest, Rhynes has acquired new counsel as his criminal matters appear headed for trial.

Rhine’s trial will include his co-defendant Timitheus Merritt, who was also indicted on the charges.

Police allege that the two were drug dealers working together and that the shooting victim, Michael Cosentino, was shot over a cocaine debt. Cosentino barely survived the gunshot wound to the head but according to sources, will "not be the same."

Tabashneck’s attorney declined to comment on the decision.