A Tonawanda judge has yet to make a decision on the legal sufficiency of the town scrapping ordinance, which has been challenged by a 67-year-old Buffalo man cited with violating the ordinance earlier this fall.
Don DalFonso appeared in Town Court tonight with defense attorney John C. Nelson, who challenged the legal sufficiency of the charge lodged against DalFonso Oct. 1.
Nelson met privately with Town Justice Daniel T. Cavarello and prosecutor Mario A. Giacobbe, and told the two leaders he has yet to decide the on Nelson’s legal challenge.
If Cavarello rules against it, he said he will schedule a bench trial DalFonso. The judge did not indicate when he will issue his decision.
Afterward, Nelson told The Buffalo News DalFonso is not entitled to a jury trial in the case because he is only accused of a town violation.
During the closed-door session tonight Nelson pressed his contention that the town ordinance against illegally taking garbage that had been placed “out for collection” on a town street is legally vague, and lacks proof that the material DalFonso picked up on McConkey Drive several weeks had been placed “out for collection.” Giacobbe reiterated his contention that the complaint accusing DalFonso of “interference with waste material” was legally sufficient.
Though DalFonso has complained publicly about being “singled out” for prosecution under the town ordinance, town records reveal that since January 2004 town police have issued 49 appearance tickets for violating the ordinance to DalFonso and others, including seven so far this year. Penalties under the ordinance range from an initial written warning to obey the ordinance and a $50 fine for a second violation in a 12-month period. Additional fines for additional arrests increase at the discretion of the sitting judge.
email: mgryta@buffnews.com
Don DalFonso appeared in Town Court tonight with defense attorney John C. Nelson, who challenged the legal sufficiency of the charge lodged against DalFonso Oct. 1.
Nelson met privately with Town Justice Daniel T. Cavarello and prosecutor Mario A. Giacobbe, and told the two leaders he has yet to decide the on Nelson’s legal challenge.
If Cavarello rules against it, he said he will schedule a bench trial DalFonso. The judge did not indicate when he will issue his decision.
Afterward, Nelson told The Buffalo News DalFonso is not entitled to a jury trial in the case because he is only accused of a town violation.
During the closed-door session tonight Nelson pressed his contention that the town ordinance against illegally taking garbage that had been placed “out for collection” on a town street is legally vague, and lacks proof that the material DalFonso picked up on McConkey Drive several weeks had been placed “out for collection.” Giacobbe reiterated his contention that the complaint accusing DalFonso of “interference with waste material” was legally sufficient.
Though DalFonso has complained publicly about being “singled out” for prosecution under the town ordinance, town records reveal that since January 2004 town police have issued 49 appearance tickets for violating the ordinance to DalFonso and others, including seven so far this year. Penalties under the ordinance range from an initial written warning to obey the ordinance and a $50 fine for a second violation in a 12-month period. Additional fines for additional arrests increase at the discretion of the sitting judge.
email: mgryta@buffnews.com