Erik M. Dobbertean, who pleaded guilty to puncturing his cousin's lung by stabbing him in the chest, was given a conditional discharge Friday by State Supreme Court Justice Richard C. Kloch Sr., because Dobbertean had served more than 11 months behind bars since the crime.
When Dobbertean pleaded guilty Jan. 3 to a reduced charge of attempted second-degree assault, Kloch said he would be sentenced to 1 1/2 to 3 years in state prison as a second-time felony offender, which requires mandatory incarceration.
But upon further review, because of the age of his prior conviction, Dobbertean, 40, of Niagara Falls, was no longer considered a repeat felon.
His cousin, James Clark, was injured Nov. 30, 2018, after an argument with Dobbertean in the victim's Niagara Falls home.
Dobbertean was originally indicted on a first-degree assault charge that would have carried a maximum 25-year sentence.