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A former Buffalo youth hockey coach was spared a jail term today when he was sentenced for his assault on a young man outside a North Buffalo ice rink.

Allen Shubbuck, 29, of Laird Avenue was sentenced to five years probation by Erie County Judge Sheila A. DiTullio. The parents of Shubbuck's victim, Corey McCarthy, now 19, agreed with that disposition of the criminal case but are continuing a civil suit against Shubbuck, the city and the Explorer Hockey League over the incident.

Shubbuck, who pleaded guilty May 3 to a felony charge of second-degree assault, declined to comment during his appearance. His attorney, Herbert L. Greenman, told the judge he was remorseful for having been caught up in "the circumstances of this case" which he called "a very sad day all around."

DiTullio noted that from all accounts, Shubbuck "tried to avoid" a violent brawl that erupted outside the rink on the night of Jan. 22, 2000, but "blew up" and with a hockey stick in his hand ended up hitting McCarthy in the head, severely injuring someone who was only observing the brawl.

The judge called Shubbuck an otherwise "law-abiding person" caught up in what turned out to be "an unfortunate situation all around."

McCarthy, a Crescent Avenue resident hospitalized for a time after the incident outside the Tacoma Avenue rink, is working but remains under a doctor's care with both vision and speaking problems stemming from the head injury he suffered.

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