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Plea agreement for alleged burglar delayed because of possible new evidence

By Howard B. Owens

A man whose DNA profile was indicted on alleged burglary charges appeared in County Court today presumably to plead guilty, but the District Attorney's Office asked for an adjournment because of a new investigation into another alleged crime.

Assistant District Attorney Will Zickl said his office had offered Samuel G. Malone, 27, of 36 Walnut St., Batavia, a chance to plea guilty to burglary, 3rd, and attempted burglary, 3rd. But with potentially new evidence of another alleged crime, he said District Attorney Lawrence Friedman wanted to make sure what all of the potential charges were before finalizing a plea arrangement.

Molone, who is out of jail under supervision, is scheduled back in court at 10:15 a.m., June 18.

A DNA profile that was later matched with Malone was indicted by a grand jury in December on counts of two counts of burglary, 3rd, and one count of attempted burglary, 2nd.

A few days after his arrest in April, he was charged with another count of burglary 3rd.

The plea arrangement contemplated by the attorneys is for Malone to plead guilty to two counts and serve a period on probation before Noonan would decide on a possible prison sentence.

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