posted on November 12, 2013 17:49
The Batavia man who pleaded guilty to several burglary charges may avoid jail time.
Judge Robert Noonan ruled in County Court Tuesday that 27-year-old Samuel Malone would be placed on one year of interim probation. If Malone is on his best behavior for the year before his October 2014 sentencing, he could avoid jail time.
Malone’s DNA evidence from an arrest in another jurisdiction was indicted last year before the statute of limitations ran out on several 2008 Batavia burglaries.
Malone admitted to five burglaries including one at Clor’s former Pearl Street location.
District Attorney Lawrence Friedman recommended a prison term, but pre-sentence reports from the probation department in Allegany County where he currently lives persuaded Judge Noonan otherwise.