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Dwayne Lermineau was sentenced Friday to 2 1/4 to 4 1/2 years for assaulting the former fiance of his estranged wife on Jan. 20, 1998.

Erie County Judge Michael F. Pietruszka said he took into account Lermineau's heart condition and the refusal of his victim, Michael Moeller, currently a fugitive, to cooperate with authorities.

Lermineau, 57, who has a criminal record of non-violent crimes stretching 40 years, also was barred for the rest of his life from contacting Moeller "for any reason."

Lermineau pleaded guilty June 14 to a reduced felony charge of attempted assault. Friday, Lermineau protested that he was innocent, that when he went to confront Moeller in the victim's Gatchell Street home, he found Moeller already had been beaten.

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