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POLICE & COURTS

DeJac is transferred to prison in Albion

Lynn M. DeJac, the Buffalo woman attempting to have her murder conviction set aside in the killing of her 13-year-old daughter in 1993, was transferred to Albion Correctional Facility on Tuesday night.

"She is here to assist in her defense," said her attorney, Andrew C. LoTempio.

DeJac could be brought into court as early as today for the formality of having her transferred from Department of Correctional Services custody in Albion to Erie County Sheriff's Office custody in the Erie County Holding Center or the county Correctional Facility, LoTempio said.

Possible oral arguments in her bid for a new trial could be heard as early as next week.

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Man stabbed in neck on Prospect Avenue

A 33-year-old Buffalo man was stabbed in the neck early Wednesday during an attack on Prospect Avenue on the city's West Side, police reported.

Jose M. Morales, of Busti Avenue, was listed in fair condition in Erie County Medical Center.

Central District police said Morales was stabbed at about 1:30 a.m. somewhere on Prospect Avenue. A Rural/Metro Medical Services ambulance transported him to ECMC.

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Appellate judges uphold Holt's removal from office

Appeals judges in Rochester have upheld the removal from office of former Erie County Legislator George A. Holt Jr., who pleaded guilty early this year to tax evasion charges.

The judges who make up the State Supreme Court Appellate Division's Fourth Department unanimously agreed that Holt violated his oath of office by filing false sales tax forms for his Buffalo restaurant.

Erie County Attorney Laurence K. Rubin decided in January that Holt's misdemeanors involved willful deceit and, when considering a State Court of Appeals decision from 1993, he had to be removed. Rubin alerted Legislature Chairwoman Lynn M. Marinelli, D-Town of Tonawanda, who told Holt he was expelled from office.

Holt tried to retake his Legislature seat in this year's election but was disqualified because of problems with his designating petitions. Barbara Miller-Williams now represents District 3 in Buffalo.

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$5.45 million award for injury is overturned

The Appellate Division of State Supreme Court has overturned a $5.45 million personal injury verdict and ordered a new trial for the injured party, Jerry Lynn Blanchard of Depew.

The justices ruled last Friday that Justice Joseph R. Glownia was wrong to rule before trial that the woman's injuries were solely caused by exercise equipment made by Lifegear Inc. and sold by BJ's Wholesale Club. They said the jury should have determined whether an earlier automobile accident had contributed to her injuries.

The appeals court also faulted Glownia for raising the award for future pain and suffering from $1 million to $2 million.

John P. Freedenberg of Goldberg Segalla represented the defendants at trial, and Lawrence A. Schultz handled the appeal. Samuel J. Capizzi of Brown Chiari represented the plaintiff, after she was injured when a Lifegear Fitness Flyer broke as she was using it in February 1998.

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Burglars strike home of woman in hospital

The West Ferry Street home of an elderly woman who has been hospitalized for about two months was burglarized and damaged by intruders, Buffalo police said Wednesday.

The burglars broke out the basement window and entered the house sometime between Sept. 15 and Wednesday. Taken were a DVD player, DVDs, jewelry and other items, police said.

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Buffalo firefighters battle 3 house fires

Buffalo firefighters were busy overnight Tuesday and Wednesday morning battling three fires, authorities reported. No injuries were reported.

A blaze erupted at 6:45 a.m. Wednesday inside 2 Mariner Towers, a seven-story apartment building.

Fire officials said flames erupted on a mattress inside a bedroom, but firefighters quickly contained the blaze. Damage was estimated at $250 to the building and $500 to the contents.

At 2:25 a.m. Wednesday, another fire erupted at 336 Cornwall Ave., a vacant two-and-a-half-story house. Fire officials said careless smoking is the suspected cause and believe that someone ignited a garbage can on the second floor of the house.

Firefighters extinguished the blaze, which caused about $1,000 damage to the building.

At 6:30 p.m. Tuesday, a fire broke out at 342 Koons Ave., a vacant house that was being renovated by the homeowner, authorities reported. Fire officials suspect arson is the cause of the fire.

Flames erupted on the second floor of the two-and-a-half-story house and caused about $30,000 in damages. The fire also spread to a neighboring house, at 340 Koons, which had exposure damage estimated at $1,500.

The fires are being investigated by the city's Fire Marshal's Office.

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