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Man who punctured his cousin's lung in stabbing won't serve more time

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.

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