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Former Falls Council secretary granted conditional discharge for breaking into city computer system

Mark J. Diodate, the former Niagara Falls City Council secretary who entered City Hall after he had resigned and altered the city computer system to add money to his last paycheck, received a conditional discharge Monday from City Judge James J. Faso Jr.

Diodate also must perform 10 hours of community service, court officials said. Defense attorney Herbert L. Greenman said Faso imposed the sentence recommended by a Niagara County probation officer in a presentencing report on the case.

Diodate pleaded guilty Dec. 16 to a misdemeanor, attempted computer trespass.

He was caught on surveillance video entering City Hall on the night of Aug. 12, three days after his resignation took effect. Police, who charged him Aug. 21 with three felonies and a misdemeanor, said Diodate logged into the computer system and added $454.96 to his last check for 21 hours of holiday time and one hour of compensatory time.

After Diodate's arrest, the Council abolished the $37,647-a-year secretary job, which he had held since January 2018.

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