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WARRANT OUT FOR ARREST OF DMX

As of Friday afternoon, Earl Simmons, the Grammy-nominated rapper known as DMX, was wanted locally by more than just his fans.

Currently in California where he is filming a video performance, he is now the subject of an arrest warrant.

Cheektowaga Town Justice Ronald E. Kmiotek, who last May sentenced the 30-year-old Simmons to 15 days in jail here, signed a warrant for his arrest. Simmons' attorneys unsuccessfully fought the sentence all the way through the state court system and into Federal Court.

Cheektowaga Court officials confirmed that the warrant went out just after 4 p.m. Friday.

Mark J. Mahoney, Simmons' chief local attorney, questioned Kmiotek's authority to order the arrest and insisted Simmons should arrive here "sometime next week" to begin his term.

But Erie County District Attorney Frank J. Clark endorsed Kmiotek's action.

Simmons, after losing a Federal Court appeal Thursday, was directed to turn himself in at the Cheektowaga Police-Court Building on Friday.

Thursday, U.S. District Judge Richard J. Arcara refused to grant Simmons a stay of sentence and scheduled federal court hearings on his challenge of the 15 days he was ordered to spend at the Erie County Correctional Facility in Alden for his traffic arrest here last March 29.

Mahoney sent Kmiotek a letter early Friday asking him to give Simmons additional time to begin his local jail term. Kmiotek signed the bench warrant without comment.

Mahoney criticized the State Court of Appeals, acting State Supreme Court Justice Joseph P. McCarthy of Buffalo and Kmiotek for what he characterized as their erroneous and unconstitutional mistreatment of Simmons.

Arcara rejected the appeal after Clark's aide, J. Michael Marion, stressed that the 15-day jail term had been imposed by Kmiotek on Simmons' fifth arrest for driving without a license since September 1998, suggesting the singer held himself above the law.

Simmons, a White Plains resident who is up for two Grammy awards Feb. 21, will serve only nine days in jail under state sentencing laws that grant him a full day's credit for the day of his arrest and five days of "good time" automatically deducted from his sentence.

Only fined for his four earlier driving arrests in the Manhattan area, Simmons was stopped on the Kensington Expressway last March 29 hours after a concert.

He pleaded guilty in May to driving without a license, marijuana possession and two parking tickets.

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