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The case has been dismissed against Janine Gallo, a Town of Tonawanda deli operator who spent six months in jail for allegedly violating court orders to stay away from a troubled teenage girl.

Tonawanda Town Justice Frank Caruso dismissed the case based on new evidence that the girl had initiated telephone calls with Gallo.

Andrew C. LoTempio, attorney for Gallo, 41, presented the evidence to prosecutors and the court.

Last month, Erie County Judge Sheila A. DiTullio had ordered a resentencing.

Rather than resentence her, Caruso dismissed the case Wednesday, based on LoTempio's presentation.

The former softball coach served a six-month term in Erie County Correctional Facility after Caruso initially sentenced her in October 2003.

LoTempio began representing Gallo after she already was behind bars.

Gallo could not be reached to comment, but LoTempio said he felt "this was all based on an unfortunate set of circumstances that just snowballed out of control and left her behind bars unfairly for a full six months."

In July 2003, Gallo pleaded guilty to misdemeanor charges linked to an allegedly "inappropriate relationship" with the girl.

Gallo is the sister of controversial filmmaker Vincent Gallo, whose films include "Buffalo 66" and "The Brown Bunny."


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