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Williamsville man indicted for defrauding local companies

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A Williamsville man faces up to 20 years in prison and a $250,000 fine if he’s convicted on a six-count indictment alleging he ran a loan scheme where at least one victim lost more than $300,000, U.S. Attorney William J. Hochul Jr. reported Friday.

Nicholas Mussolini, 30, who ran Preston Waters Corp., a company that stated it was able to obtain “large loans” for other companies, was indicted on charges of wire fraud after he allegedly told victim companies that a deposit was required to secure the loans on their behalf, according to Assistant U.S. Attorney Maura K. O’Donnell.

As a part of the scheme, Knob Hall Winery provided more than $400,000 to Mussolini as a deposit for a nearly $11 million loan.

Authorities allege instead of using the money to obtain a loan for the winery, Mussolini used it for “personal and other expenses, and to repay other victims of the fraud scheme.”

Mussolini’s indictment culminates an FBI investigation.

Man pleads not guilty to indictment over beating

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LOCKPORT – A Niagara Falls father of five was arraigned Friday in Niagara County Court on charges that he beat a man with an expandable police baton after a disagreement between his daughter and the victim.

Robert V. Abrams Jr., 48, of Ontario Avenue, a part-time security guard, pleaded not guilty to second-degree assault and fourth-degree criminal possession of a weapon in connection with the July 16 incident in the Falls. He remained free on a $1,000 bail bond.

The alleged victim, Gabriel B. Felts, 29, suffered lacerations on the head that had to be closed with staples, Assistant District Attorney Ryan K. Parisi said.

Convicted robber admits to Falls shooting

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LOCKPORT – Michael D. Agee, who is awaiting sentencing March 14 for two armed robberies, pleaded guilty Friday to shooting a man who was sitting in a parked car July 14 on Eighth Street in Niagara Falls.

Agee, 20, of 16th Street in the Falls, pleaded guilty to second-degree assault and accepted a sentencing cap of five years in prison plus three years’ post-release supervision. Niagara County Judge Sara Sheldon Farkas will sentence him May 10.

But the sentence for the shooting of Lafayette Lewis, who was wounded in the arm, could be added to whatever Agee receives for two holdups.

On Nov. 15, a jury found Agee guilty of attempted first-degree robbery for a holdup try at Rizzo’s Used Furniture on 18th Street, and of first- and second-degree robbery for robbing a food delivery man at 16th Street and Cleveland Avenue. That sentence could total as much as 35 years.

Man indicted on charges of pot growing, gun possession

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LOCKPORT – A Cambria man, arrested after a Sept. 7 raid on his home, pleaded not guilty Friday in Niagara County Court to charges that he was growing marijuana and had an illegal handgun.

Kevin L. Stockburger, 52, of Shawnee Road, is charged with second-degree criminal possession of marijuana, unlawfully growing cannabis and fourth-degree criminal possession of a weapon.

Officers said they seized 1.3 pounds of marijuana and a ,38-caliber Smith & Wesson revolver from the home. Stockburger is free on $1,000 bail.

Gunman placed on probation, at least for now

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LOCKPORT – A man who took part in a June 22 shootout in Niagara Falls was placed on six months’ interim probation Friday, to give Niagara County Judge Sara Sheldon Farkas more time to decide what to do with him.

Charles H. Montague, 22, of Linwood Avenue, had pleaded guilty to a reduced charge of attempted second-degree criminal possession of a weapon in the wake of the June 18 gunfire at the corner of 18th and Niagara streets.

No one was hurt, and the other shooter has never been identified. Montague faces a maximum sentence of seven years in prison.

Third suspect arrested in December armed robbery

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A 19-year-old Seventh Street man was taken into custody as the third of the three suspects wanted in the armed robbery of a William Street store in December, Buffalo Police Chief of Detectives Dennis J. Richards said.

Deshawn D. Vann was charged with felony robbery, larceny and weapons counts for his alleged role in the stickup at about 7:40 p.m. Dec. 17 at Beenzer’s Apparel Store at 451 William about 7:40 p.m. Dec. 17. Vann and the previously arrested Paul Bates, 22, and Latonio J. Ayala, 20, are accused of entering the store forcing an 18-year-old clerk into a back room.

Merchandise including jackets, pants and shoes, valued at more than $4,000 was taken by the trio. They made the clerk to let them out the rear door of the store to escape.

Bates and Ayala were quickly arrested but Vann was not tracked down until a police received a tip prompted by video surveillance photo released to the media this week through Buffalo Metropolitan Crimestoppers, Richards said.

Vann was arrested about 6:30 p.m. Thursday by Central District Detectives Timothy J. Rooney, Edward M. Cotter and Thomas J. O’Brien and B District Officers Thomas D. Nunan and Chad M. Maloney, the chief said.

Orchard Park man charged with attacking hospital security guards

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A 36-year-old Orchard Park man was arrested on assault and harassment charges for allegedly attacking two security officers at the Gates Vascular Institute on High Street about 9:15 p.m. Thursday.

Justin Moore of Countryside Lane, was charged with third-degree assault and harassment for allegedly attacking the officers after they asked him why he was behaving irrationally in the facility. One of the officers was scratched on his left eye and left check and the other was elbowed in the ribs before Moore was subdued. Both officers said they would seek medical attention at Buffalo General Hospital.

Man charged with robbing victim twice on Thursday night

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A 22-year-old Shirley Avenue man is being held on multiple counts of first-degree robbery for allegedly robbing the same man a gunpoint Thursday night.

Javon Hayes was taken into custody shortly after midnight Friday after his victim identified him as the man wearing a black hoodie who confronted him with a .380 caliber pistol during both stickups.

of a total of $600 cash and a $300 touchscreen phone during two stickups Thursday night –

The first holdup occurred at about 8 p.m. at Suffolk Street and Dartmouth Avenue where the robber made off with $300. About an hour and a half later, the man was robbed of another $300 and a touchscreen phone valued at $300 at Suffolk Street and Hewitt Avenue.

The victim said Hayes told him during the first robbery “You know what it is” and took his cash. He said during the second stickup, at which he recognized the bandit, he was told to drop everything.

Mattress fire rekindles in Depew duplex

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A mattress fire rekindled inside a Depew duplex this morning, resulting in an estimated $90,000 damage, according to village police.

The fire was reported at about 7:20 a.m. at 93 Patsy Lane. Emergency responders found one side of the structure engulfed, with flames coming from a second-story window.

Residents from both units were evacuated without injuries, police said.

Police investigators determined the fire started in an upper front bedroom, where a mattress caught fire as a resident was smoking in bed. The resident poured water on the mattress and then stood it in an upper hallway, believing the fire was out, police said.

After the resident left for work, other family members who were home smelled smoke. Someone went upstairs to investigate, and found the mattress had rekindled and the hallway was engulfed in flames.

Firefighters from Depew, Hyview and Bowsmanville quickly brought the fire under control, but the upper floor sustained major water damage, according to police.

Arson investigators from the Depew and Cheektowaga police departments believe the cause was accidental, pending the results of lab tests.

Woman charged with ordering son to punch fellow student

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A 28-year-old West Utica Street woman was arrested on child endangerment charges for allegedly getting on her son’s Buffalo public school bus about 1 p.m. Tuesday and ordering him to punch another student in the face. She also used foul language to threaten other students on the bus, Buffalo police said Friday.

Renneitha N. Cottom was arrested Thursday afternoon on a charge of endangering the welfare. Police said the incident was captured on video and audio tape.

Man found hiding in garbage tote faces stolen car charges

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A 21-year-old Genesee Street man found by police hiding in a city garbage tote behind a Grider Street home about 8:30 a.m. Friday is being held on stolen car and other charges.

Jaquan Owens was accused of fleeing on foot from the stolen car owned by a Rochester man after he struck a woman’s car at the intersection of Schuele Street and East Delavan Avenue.

Owens allegedly left the keys in the ignition and the stolen car in park and it rolled into a house at 272 Schuele, causing more than $250 damage, according to police. Officers chased Owens down Carl Street, losing him on Grider, but found him hiding in the tote behind 129 Grider.

Owens is charged with criminal possession of stolen property, unauthorized use of a motor vehicle, first-degree reckless endangerment, fourth-degree grand larceny, criminal mischief, obstructing governmental administration and a number of vehicle and traffic infractions.

Man pleads guilty to trying to rob UB students

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A 23-year-old Buffalo man has admitted to twice trying to rob college students in November on a street near the University at Buffalo’s South Campus, just two weeks after he had been released from prison.

Antoine Matthews, of Martha Avenue, pleaded guilty to two counts of second-degree attempted robbery, according to the Erie County District Attorney’s Office.

Matthews, who has previously been convicted on burglary charges, faces up to seven years in prison on each of the counts when he is sentenced May 1 by State Supreme Court Justice Russell P. Buscaglia, plus additional time in prison because of his parole violation, according to District Attorney Frank A. Sedita III.

Matthews was convicted of trying to rob three UB students at 1:27 a.m. Nov. 17 on Winspear Avenue. He brandished what appeared to be a silver revolver and demanded money. The students ran to the campus and alerted campus police.

Matthews was caught near the intersection of Bailey and Shirley avenues with a silver toy revolver, according to prosecutors.

Assistant District Attorney John Feroleto persuaded the judge to order Matthews to appear in a lineup as part of an investigation into another attempted robbery, which happened about a half an hour before on the same morning involving two female UB students as victims.

Matthews was identified in that lineup, and he pleaded guilty to that charge as well.



email: plakamp@buffnews.com

Convenience store robber to serve up to 15 years

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LOCKPORT – A Niagara Falls man who robbed as many as six convenience stores in western Niagara County last fall led a parade of robbers and other thieves past the Niagara County Court bench Friday.

Paul J. Schubert, 21, of Townsend Place, was sentenced by County Judge Sara Sheldon Farkas to 10 years and four months to 15 years in state prison.

Schubert pleaded guilty to attempted first-degree robbery and second-degree robbery for two armed stickups at 7-Eleven stores on Buffalo Avenue in the Falls on Sept. 6 and 12. The plea covered all six robberies of which Schubert was suspected.

Farkas gave him eight years for the robberies and tacked on two years and four months to seven years behind bars and $3,987 restitution for a 2010 house burglary on Seneca Avenue in the Falls.

In the courtroom of County Judge Matthew J. Murphy III, Nicholas E. Patterson, of the Tuscarora Indian Reservation, pleaded guilty to third-degree grand larceny for the Sept. 28 robbery of the CVS drugstore in Sanborn.

Patterson, 27, of Mount Hope Road, was admitted to the judicial diversion program of court-supervised drug treatment. If he succeeds, the charge will be reduced to a misdemeanor; if he fails, he faces seven years in prison.

Assistant District Attorney Ryan K. Parisi said Patterson entered the store with a case that appeared to be for a long gun. He gave a clerk a note saying he had a gun.

The clerk handed over five boxes of Fentanyl patches. Patterson will have to pay up to $3,000 in restitution.

Back in Farkas’ court, Timothy J. Santiago was recommended for boot camp-style “shock incarceration” on his guilty pleas to third-degree burglary and third-degree criminal possession of a weapon.

Santiago, 28, of 70th Street, Niagara Falls, broke into Denise’s Bar on 19th Street on Sept. 5, 2011, and used a fake gun in a robbery at a Coastal gas station Feb. 7, 2012. He has paid $800 in restitution.

Assistant Public Defender A. Joseph Catalano talked Farkas out of a regular prison sentence for a woman who defrauded Cornerstone Federal Credit Union in Lockport of $4,200.

Tonia M. Truscio, 38, of Gasport, deposited a forged check for that amount May 14 and withdrew the money over the next two days.

Truscio pleaded guilty to fourth-degree grand larceny and could have served up to four years in prison. Farkas gave her four months of weekends in the County Jail and five years’ probation, along with restitution at a rate of $150 a month.



email: tprohaska@buffnews.com

Driver lands on LaSalle Expressway after high-speed crash

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A young driver described by police as highly-intoxicated drove his car up and over a 10-foot embankment before landing his vehicle on the LaSalle Expressway in Niagara Falls early Saturday. Tyler J. Rowland, 21, of Niagara Falls, was fortunate to escape injury, but was arrested on several charges, including driving while intoxicated, following the 3:20 a.m. crash near 79th Street, state police said.

Rowland’s small car was speeding south on 79th Street, toward Frontier Avenue, which runs parallel to the LaSalle Expressway, according to State Troopers William Persinger and Ryan Burns. The car zoomed past a stop sign at Frontier and rumbled toward an embankment leading to the expressway.

The Chevrolet Aveo struck some curbing, crashed through a fence, and then rolled up the embankment and was launched up and over a guard rail onto the westbound lane of the expressway, troopers said.

Rowland refused medical treatment and was transported to the Town of Niagara State Police barracks, where his blood alcohol content was measured at 0.23 percent, nearly three times the state’s legal limit, troopers said.

In addition to aggravated DWI, police charged Rowland with driving at an unsafe speed, failing to observe a stop sign, and failure to wear a seat belt. He is scheduled to appear March 12 in Niagara Falls City Court.

The crash caused a temporary shutdown of the LaSalle Expressway.

email: dherbeck@buffnews.com

Electronics and designer watches stolen in a Falls burglary

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NIAGARA FALLS – Nearly $1,000 worth of designer watches were stolen from a home in the 2200 block of Weston Avenue on Thursday.

The victim told police that overnight Wednesday, someone smashed a kitchen window and then made off with a 60-inch television, Playstation and Xbox game systems and 12 designer watches. The loss was estimated at $2,950.

Alden man behind bars after high-speed chase

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An Alden man faces dozens of traffic violations after leading Depew and Lancaster police officers on a high-speed chase early Saturday.

Derrick P. Campbell, 22, was arrested after a chase through Lancaster and Depew, police said. He was arraigned before Village of Depew Justice Gordon Willis, who set bail at $10,000 cash, or $75,000 bond, and remanded to Erie County Holding Center. .

Campbell, police said, also faces criminal charges after he allegedly attempted to drive his vehicle into the path of Depew Police cruiser. Officer James Refermat was able to take evasive actions to avoid being struck head-on, police added.

Initially, police said they had attempted to stop a 2001 Subaru Forester on Transit Road near Broadway for speeding at 1:45 a.m.

Man Tasered for DNA sample refuses to give another

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LOCKPORT – Ryan S. Smith, the Niagara Falls man whose convictions for two robberies and a shooting were overturned because police Tasered him to obtain a DNA sample, has again refused to consent to a swab for a DNA test.

Niagara County Judge Sara Sheldon Farkas said her Dec. 4 order for Smith to give his DNA to the prosecution is still in effect, but Smith would not obey it.

The order is being appealed to the Appellate Division of State Supreme Court, said Joseph Terranova, Smith’s court-appointed defense attorney.

Smith, 24, is to be retried April 8 on the 24-count indictment that brought him a 45-year prison sentence after Niagara County prosecutors used DNA to place Smith at the crime scenes.

The handcuffed Smith was zapped with the stun gun in September 2008 to force him to yield to police demands for a swab for cells from the inside of his cheek.

Smith had given a DNA sample the previous month, but it was spoiled at the laboratory, meaning it couldn’t be compared with Smith’s DNA on file in the state criminal database. He gave that sample after a previous conviction.

The forcibly obtained DNA matched that left on a glove found near the scene of a Christmas Eve 2006 armed robbery of a Falls gas station and convenience store, as well as DNA on a can of soda sipped by a man who invaded a Niagara Falls home July 27, 2006.

Smith was convicted of carrying out two home invasions that day. At the second, a man was shot.

In March 2012, the Appellate Division overturned the convictions and ordered a new trial.

Terranova said he supports Smith’s refusal to comply with Farkas’ Dec. 4 order.

“Why should they let the [prosecution] benefit by going back a third or fourth time?” he asked.

Farkas suggested to Paul Parisi, the Erie County assistant district attorney who now has the case, that he prepare an “order to compel” for her to sign at the next court date March 13.

Farkas said as far as she is concerned, the trial will go forward as scheduled unless the Appellate Division issues a stay of the DNA order.

Terranova said he believes Smith cannot be convicted without DNA evidence.



email: tprohaska@buffnews.com

From the blotter / Police calls and court cases, Feb. 19 to 26

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A Niagara Avenue man who was shot in the head in what investigators had called a drug-related shooting in December, was arrested Tuesday on felony drug possession charges.

Michael A. Lorraine, 25, was charged with third-degree criminal possession of a controlled substance with intent to sell and fourth-degree criminal possession of a controlled substance.

Investigators armed with a search warrant on Tuesday morning said Lorraine, who recently had surgery on his leg, had stashed nine grams of crack cocaine in his leg cast. Lorraine told police in December that two unidentified men approached his car and shot at him while at the intersection of Highland and Calumet avenues. He was able to drive himself to the hospital after being grazed in the head and was transferred to Erie County Medical Center for treatment.

Investigators said Lorraine had been under investigation for some time and has had numerous drug-related arrests in the past.

Ramone A. Westbrook, no age available, of Whitney Avenue was charged by narcotics investigators with unlawful possession of marijuana. Westbrook was stopped after he was seen driving and then dropping Lorraine off at his house.

• Two men were charged in connection with the theft of more than $12,000 worth of electronics from a Pine Avenue jewelry and electronics store.

Jamarius D. Scott, 21, of Linwood Avenue and Xavier T. Faura, 18, Portage Road, were charged with third-degree burglary, third-degree grand larceny and second-degree criminal mischief.

A third man is being sought for his role in the thefts, according to Niagara Falls detectives.

Witnesses told police they saw two men use a hammer to shatter a window at the NYC Jewelry and Electronics Outlet in the 1600 block of Pine Avenue just after 3 a.m. Sunday. The men were seen fleeing and running behind buildings. Police tracked footprints in the snow to an apartment building but were unable to locate the suspects.

Police said two laptops and five cellphones were stolen from the store.A Niagara Falls man could be sentenced to as long as 12 years in state prison after being ejected from the judicial diversion program of court-supervised drug treatment by Niagara County Judge Sara Sheldon Farkas.

James W. Jones, 48, of 15th Street, was accused by drug court staff of trying to use the diversion program only as a means of staying out of prison, not to stop using drugs. He tested positive for narcotics several times since Farkas placed him in the program last July.

Jones, a six-time felon, had pleaded guilty to third-degree criminal possession of a controlled substance for having crack cocaine in his pocket when his parole officer visited him Jan. 18, 2012. He is being held without bail pending sentencing April 17.

• A Niagara Falls man was arraigned in Niagara County Court on charges of burglarizing a vacant house in that city Nov. 28, and his brother is to be arraigned Friday on the same charges.

Emanuel L. Rogers, 31, formerly of Maple Street, Buffalo, pleaded not guilty to third-degree burglary, third-degree criminal mischief, attempted petit larceny and possession of burglary tools. County Judge Sara Sheldon Farkas jailed him in lieu of $5,000 bail.

Malique L. Rogers, 37, of Cudaback Avenue in the Falls, is to appear before Farkas today.

Assistant District Attorney Joseph A. Scalzo said a nearby resident called police Nov. 28 after seeing two men stacking pipes, a sink, a car jack and other metal objects in an alley behind a Fourth Street house, owned by the city because of a tax foreclosure. Scalzo said Emanuel Rogers was inside when police arrived and tried to jump out an upstairs window, but was pulled back in by an officer.A Buffalo couple told police that property was stolen from their rental car overnight while it was in the valet parking lot at the Seneca Niagara Casino hotel.

A cellphone and a pair of prescription eyeglasses were taken from the vehicle sometime between 11 p.m. Thursday and 11 a.m. Friday, police said, resulting in a loss of $285. Valet parking employees told police the car may have been left unlocked.A burglar stole $480 in cash after breaking into a 19th Street apartment overnight, Niagara Falls police said.

The female resident told police that someone entered the apartment via a side window sometime between 5 p.m. Friday and 12:40 a.m. Saturday. In addition to the money, which was taken from a bedroom, a pair of cellphones were taken from a living room area. Total loss was estimated in the neighborhood of $700.An Ohio couple was robbed of $100 cash while drinking at Legends Bar & Grill on First Street, Niagara Falls police said.

The wife told police that she had two $50 bills in her purse when she went to the bar shortly after midnight, and that she kept her purse on the bar near her for the next hour, leaving it only momentarily to check on a lottery ticket. Upon returning to her hotel room around 1:30 a.m. she discovered the money had been removed from the purse.An 81-year-old Wheatfield man said his Sears Mastercard was used to make just over $300 in unauthorized purchases from stores where he never had shopped.

The victim told Niagara County sheriff’s deputies that he never lost possession of his card. He said he believes that the account may have been compromised online.

He said he noticed charges on his card to Sports Authority, Stop and Shop and Waldbaum’s but had never purchased anything from these stores.A Grand Island man will not go to jail for his guilty plea to driving while intoxicated in North Tonawanda.

Niagara County Judge Matthew J. Murphy III sentenced Timothy J. Homa, 29, of East River Road, to three years’ probation, a $395 surcharge, 14 days in the Niagara County work program and 30 days of community service.

Homa pleaded guilty to a reduced misdemeanor DWI count Dec. 11, during a trial on a DWI felony indictment. He was arrested May 20, after his car became stuck on a planter box made of railroad ties in a parking lot on Manhattan Street in North Tonawanda.

• A former North Tonawanda man who grew marijuana in his apartment there was pronounced a success in the judicial diversion program of court-supervised drug treatment.

Robert C. Hetrick, 47, of Glenfield Drive, West Seneca, had pleaded guilty in January 2012 to second-degree criminal possession of marijuana, a felony. Tuesday, Niagara County Judge Matthew J. Murphy III allowed him to reduce that plea to fourth-degree possession, a misdemeanor. Hetrick is to be resentenced May 7, with probation the likely outcome.

Hetrick was arrested Aug. 23, 2011, when police raided his apartment on Ganson Street in North Tonawanda and found an indoor growing operation and more than a pound of pot.

Investigators use receipt to track down Randolph man accused of dumping

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ELLINGTON – Detective work led to the arrest of a Randolph man accused of illegal dumping, state police said.

Corry Green, 25, was paid $50 to take garbage to a landfill but instead dumped it on the side of Dean School Road, police said. The discarded items included three mattresses, two recliners, a folding chair, glass – and a garbage bag, containing a receipt with a name, police said. It was the receipt that caught up to Green, said police, who got wind of the crime on Feb. 26.

Green, who was issued an appearance ticket for illegal dumping, faces an appearance in Town of Ellington Court. State Department of Environmental Conservation officers assisted in the investigation.

Identity of man killed by CSX train in Dunkirk still being withheld

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DUNKIRK – Dunkirk police said Sunday they are not releasing the name of a man killed on CSX Railroad tracks early Saturday morning, pending notification of relatives.

A police spokesman said they were summoned to tracks near Pike Street and Woodrow Avenue about 3:10 Saturday morning to investigate reports of a man hit by a train. They said he was hit by a westbound CSX freight.
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