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CHARGES IN FATAL CRASH DUE TO BE DISMISSED

A store clerk who sold beer to an underaged Cheektowaga youth hours before he and three other teen-agers were killed in a fatal car-truck crash will get a delayed dismissal of misdemeanor charges, law enforcement sources said Friday.

The Erie County district attorney's office will ask Cheektowaga Town Justice Dennis J. Ciotuszynski Monday to grant an adjournment-in-contemplation of dismissal to Joseph A. Leszczynski, 19, for selling beer twice to the late William Daley, 17, sources said.

Leszczynski told detectives two days after the fatal crash that he was alone in the Cumberland Farms store at 3823 Union Road when Daley twice bought beer with what police said was another person's identification card.

Leszczynski also told police he had only been on the job three or four nights, wasn't wearing his glasses and didn't pay close attention to the name and other biographical information on the identification card Daley used.

Daley, Brigette Gaskin, 14, Kelly Timmons, 14, and the driver of the car, Mark Drzal, 18, were killed in a collision with a truck on Genesee Street and Beach Road Feb. 2. Two teen-age girls survived.

Drzal had a blood-alcohol level of 0.14 percent. The state's driving while intoxicated limit of 0.10 percent. The legal drinking age in the state is 21.

Leszczynski, of Zoerb Avenue, Cheektowaga, faces two misdemeanor counts of unlawfully dealing with a child.

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