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It's been nearly two years since Delavan's Restaurant and Tavern, 107 Evans St., closed, and the building and restaurant have been for sale that entire time.

Fans of the restaurant have held out hope that Bill and Patti Cultrara would reopen the popular restaurant, an auction sign now in front the the building is a pretty strong indication that's not going to happen.

As a young man, Tim Hayes had every intention of being a firefighter. Born and raised in Chili, he got an associates degree in fire protection technology, but then found paid firefighting jobs were few and far between, so just for the heck of it he took the police exam.

And passed.

That opened the door to a 30-year career in law enforcement, most of it spent with Le Roy PD.

This month, Hayes closes the curtain on that career and becomes a school bus driver.

Hayes said the recent death of Deputy Frank Bordonaro caused him to reflect on the length of his career and the fact that sticking around longer wouldn't do much to increase his pension.

Law enforcement, he said, isn't very conducive to family life, especially as a sergeant and second in command.

"You can never get away," he said. "Your phone rings at night, it rings on weekends, it rings while you're on vacation. There's good benefits. It pays well. I've met a lot of interesting people, and I've had a chance sometimes to have an impact on people's lives, but it's not a family friendly schedule."

Hayes is married to Trish and they have two adult sons -- Eric, 21, a corrections officer at the jail, and Dan, 19, who is studying to be an astrophysicist.

The most memorable part of his career, Hayes said, accounts for only about 1/30th of it -- the year he spent working undercover for the Local Drug Task Force.

"You get a chance to see things you never see in uniform," he said. "I can remember being in houses for undercover buys and the kids were right there and mom and dad were puffing a crack pipe. They would sell their soul if it was another $20 for the next rock they were going to buy.

"You see what people will do to score that next hit and it makes you wonder if there isn't a better answer, because it ensnares them and they can't get out," Hayes added.

Working undercover also changed the way he dealt with people, Hayes said. As an undercover agent, he grew his hair out into a ponytail and had a Fu Manchu moustache. He looked bad. He looked mean. Even if he was the same nice guy he's always been. People would cross the street to avoid crossing his path.

"My son was sick and in the hospital and I came to find out that they were going to have security come and check me out when I went in to visit him," Hayes recalled.

It's an old lesson, but one Hayes said stuck with him. You can't judge a book by its cover.

"That's what I tried to take forward," Hayes said. "I really didn't care what you looked like, I could still treat you politely and professionally until you give me a reason not to, and then I would do what I needed to do. Just because somebody looks a certain way, you have no idea what's on the inside."

The full lineup of award winners on Saturday, includes, from left: Michael Bonafede, of Albion, for his role as a musician and his work in planning many community events; Kim Buczek (Linda Blanchet Award) for earning doctorate in music arts and performing in the Cincinnati area; Jim Hancock, of Medina, for his volunteer work with many community causes and events; Albion native Lance Anderson, president of the Lake Plains Players – a community theater group; Cassandra Prong (daughter of honoree Bill Hayes – honored for his years of support for GO ART!); Vincent Pastore, a lifelong Batavian and accomplished musician; and Leslie DeLooze, accepting on behalf of the Richmond Memorial Library, which offers many arts and cultural programs throughout the year.

Photo and caption courtesy Tom Rivers, Orleans Hub.

A car has reportedly rolled over the guard rail in the area of 2456 Main Road, East Pembroke.

No word on injuries.

East Pembroke fire an Mercy EMS dispatched.

UPDATE 9:46 a.m.: First responder: Vehicle is down an embankment.

UPDATE 9:50 a.m.: A BLS (basic life support) ambulance is requested, which would indicate minor injuries.

UPDATE 10 a.m.: Two patients extricated.

New York Times: End the U.S. Embargo on Cuba

At least 10 cars were broken into overnight and had items stolen, according to radio transmissions.

Some of the cars -- if not all -- were forced break-ins, rather than the usual opportunistic unlocked vehicle break-ins.

The location of the cars are both within and without city limits, largely in a line from East Pembroke to the city.

Law enforcement officers with both Batavia PD and the Sheriff's Office are taking reports and calls seem to still be coming in.

UPDATE 3 p.m.: We spoke with Sgt. Eric Bolles, Batavia PD. Overnight, two cars on Ellicott Avenue had items stolen from inside the vehicles. Neither car was locked. Since Oct. 4, there have been 12 car break-ins in the city. All but three of them had items stolen. All were unlocked.

We spoke with Deputy Chris Parker who said the Sheriff's Office has taken 11 reports so far on car break ins with items stolen.  There are three reports pending. At least 10 residents have reported car break-ins with only spare change or nothing taken, and the residents did not wish to file a report. The line of break-ins extends along Pearl Street Road and includes side roads such as Wortendyke, Read and Hartshorn. One vehicle had more than $1,000 in cash stolen. Another car had credit cards stolen. Both of those crimes are grand larcenies. While some of the radio transmissions reported cars being locked, Parker said so far there is no evidence of forced entry on any of the vehicles. One report of a locked car is still pending.

UPDATE 6 p.m.: The Sheriff's Office has put out a statement saying that over the past couple of weeks deputies and investigators have been dispatched to a large number of larcenies from vehicles in the East Pembroke area.  The broken-record request from officials, "lock up your vehicles."

Photos: Investigator Kris Kautz found a good set of fingerprints on a picuup truck on Pearl Street Road.

The Fighting Irish of 2014 may not be the champion caliber squad of recent seasons, but Notre Dame is still the team other teams love to beat.

Today's proof: Fresh off its fifth touchdown through the middle of the third quarter, with the score 33-7, the Attica Blue Devils chose to squib and onside kick.

"It's a big rivalry," said Attica Head Coach Rob Cusmano.m"It's been a rivalry for years with Attica and Notre Dame. Last year was for the league title, and this year, they've got a couple of losses, but still, you throw those records right out the window and you just keep going after it."

It was a hard fought game, even when Attica seemed to have it well in hand. Coaches on both benches tried constantly to get referees to see things their way, pointing out holds, clips and chop blocks, and disclaiming guilt when flags were thrown against their own players.

It got so hot at one point, Attica was flagged for a 15-yard penalty.

The first quarter gave little indication of where this game was going, ending at a 0-0 tie.

Cusmano said the Blue Devils made some adjustments, which enabled them to pull away from ND.

"We couldn't run between the tackles, so we needed to get outside," Cusmano said. "We got outside a few times and that made the difference."

With the score 14-0 and two minutes left in the half, Notre Dame Head Coach Rick Mancuso decided to go to the air in the hopes of a quick score before intermission.

QB Joe Zickl completed a couple of passes. There was the ember of a drive glowing when he tried to hit a receiver just beyond the line of scrimmage. The receiver reached high and tipped the ball. It fell into the hands of Alex Piechocki, who sprinted to the end zone, giving Attica a 21-0 lead.

Another drive early in the second half was reversed into a Blue Devils score on a touch down.

Cusmano gave credit to scouting and film study for the picks.

"We knew their routes and our guys did a great job stepping in front of the ball and a couple of those went for touchdowns, and I attribute that to them watching a lot of film and doing their homework," Cusmano said.

Receiver Levi Snyder said the win, after a slow start, showed the team's character.

"We had to fight a little adversity at first," Snyder said. "We came in here, got a little rattled, but stuck together as a team and stuck it out. We got the win. That's all that's important right now."

Senior Derek Walker said it was exciting, a big deal to beat the Irish.

"It's huge," he said, "because nobody really likes Notre Dame."

The victory clinched the Genesee Region title for Attica, who will take a 6-0 record into next week's game against Oakfield-Alabama (3-3).

The Blue Devils said they didn't want to look past next week's game, but Cusmano conceded, the Class C post-season is going to be tough.

First week matchups haven't been determined yet, but Bath, Le Roy and Attica have all secured spots in sectionals. The fourth team in the playoffs could be Dansville, East Rochester or Elba/Byron-Bergen.

"It's very, very tough," Cusmano said. "I saw Le Roy last night and they're a very tough team and Bath is a good ball team, plus you throw Dansville in there, throw East Rochester in there, it's a very, very, very good class."

Even so, Cusmano is hardly throwing in the towel.

"We're getting healthier," Cusmano said. "One game at a time. We're thinking Oakfield. But I like our shot."

For Attica, Damian Marchetti was eight for 13 passing for 80 yards. He had eight carries for 74 yards and a TD. He also kicked five PATs. Jake Strzelec rushed for 89 yards on 25 carries and scored twice. Derek Walker had four receptions for 48 yards and a TD. Besides the interception return for a touchdown, Alex Piechocki also rushed for a score. Kyle Zawadzki had an interception return for a TD. Levi Snyder had two interceptions.

For Notre Dame, Joe Zickl was 15 for 31 passing for 159 yards and two TD. He was picked six times. On the ground, only Spencer Misiak had positive yardage, with one yard gained on one carry. C.J. Suozzi caught five passes for 45 yards. Josh Johnson had two TD receptions and gained 37 yards. Casey Midwick had four receptions for 31 yards. Joe Zickl had 10 tackles. Jack Sutherland, six. Peter Daversa had a sack.

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Alexander 17, Pembroke, 6. Pembroke held close through the first 24 minutes of football, trailing by only a point, 7-6 at the half. Trojans running back Jacob Wozniak gained 208 yards on 28 plays and scored a TD. Tristan Aldinger had 10 carries for 24 yds and a TD. Kicker Zach Shilvock was perfect again on PATs at 2 for 2 and he hit a 36-yard field goal in the fourth quarter after having missed a 48-yard fielder earlier in the game. Defensively, Alexander had two interceptions, one by Cody Trzecieski and one Aldinger. Derrick Busch led the Trojans in tackles with seven and a sack.  Dustin Schmeider had seven tackles and one fumble recovery. Wozniak had six tackles and a sack. 

Oakfield-Alabama 54, Holley, 19. Alan Catt was eight for 12 and 230 yards passing, connecting on three TDs for Oakfield-Alabama. Ryan Emery rushed six times for 137 yards and two TDs. Reice Woodward had five receptions for 168 yards and three TDs. Jake Velletta had eight tackles and a sack, Casey Arnold, seven tackles, Woodward an interception and Sal Schwable returned a fumble recovery 60 yards for a touchdown.

Elba/Byron-Bergen 16, Cardinal O'Hara, 7. In the first varsity football came ever played on the campus of Byron-Bergen, the Elba/Byron-Bergen Lancers benefitted from the 94 yards rushing of Steele Truax, who also had 15 tackles and a sack.

Batavia 52, Wayland-Cohocton, 0. On homecoming night, the Blue Devils trounced Wayland-Cohocton. Greg Mruczek was  nine for 10 for 124 yds and two touchdowns. He also carried one in for a score. Anthony Gallo had 145 all-purpose yards and two TDs. Ahdeosun Aiken rushed nine times for, 66 yards and a TD. Dominick Mogavero had six carries for 105 yards and two TDs. Jarrett Laskett scored a TD as part of a three-reception night for 18 yards. Trevor Rittersback had seven tackles.

Photos by Rick Franclemont. For more, click here.

Early in the second quarter, down 14-0, Bishop Kearney faced fourth down with 30 to go on the Le Roy 33.

The obvious play is to settle for a field goal attempt, but that's not the way of the Kings. Rather, QB Todd LaRocca drops back, fires a bullet and hits Ardell Brown in full stride at the 10. Brown glides into the end zone.

Even without a successful two-point conversion, the score, the entire touchdown drive, in fact, was enough to make Oatkan Knight supporters nervous.

A 14-6 lead is nothing against a team that is fearless about throwing the ball and has athletes who can score from anywhere on the field.

Brown would remind everybody of that again when he returned the opening half kickoff for a touchdown, making the score 22-12.

Even if you liked Le Roy's chances against Bishop Kearney, 22-12 still didn't feel safe.

Head Coach Brian Moran stuck with the game plan -- grind the clock away with a relentless ground attack and bend, but don't break, on defense.

In the end, Le Roy remained undefeated, moving to 6-0, and the previous undefeated Kings dropped to 5-1. The final score, 29-20.

It was the fewest points the Knights have scored in a game this season, and the most points the team has given up.

The win also secured Moran's 199th career victory.

"That's a good football team, and when you start getting towards the end of the year, you want to play good football teams, because you want to see where you are and I really thought our kids did a good job today," Moran said.

The win over a good football team was a big confidence boost for the Knights, running back Tom Kelso said.

"We've actually proven that we're a good team this year," Kelso said. "In order to be the best, you've got to beat the best, and that's one of the best teams out there right there."

Early on, it was easy to see how Moran planned to win this football game. He kept the ball on the ground on seven of the first eight plays, and of the 12 plays of the opening drive, only one (an incomplete pass) failed to gain yards.

That drive gave Le Roy a 7-0 lead and took 7:15 off the clock.

The Kings tried to strike back quickly. Brown darted for a 25-yard gain on a running play and LaRocca snapped off a 20-yard pass, and within four plays and a little more than a minute off the clock, the Kings were inside the red zone.

It would be the first of four times in the game where the Kings found themselves in the red zone, but failed to score.

"Like I told our guys, when you get in the red zone, it's about hunger and who wants it more," said Bishop Kearney Head Coach Eddie Long. "It's about hunger and manning up and beating the next man. They put a lot of pressure on you. They blitz you from a lot of different angles. They disguise their coverages. You can tell that they work hard and they practice a lot on their schemes. And they're a physical team. At the end of the day, they man up, they beat you and they want it."

LaRocca is a tough quarterback to beat. He gets rid of the ball fast, throws accurately and throws long. For most of the night, Le Roy went with only a three-man front, which meant LaRocca faced little pressure, but even when he managed to hit an open receiver, Le Roy's backfield swarmed on the ball carrier and limited positive yardage.

This made it hard for the Kings to sustain a drive.

"I thought our defensive coordinator, Andy (Andrew Paladino), did a great job, rotating back and going to a three-man front, and putting us in a situation were we had some extra secondary help," Moran said. "That really proved crucial for us today."

For all the ball-control offense, there was still McMullen to McQuillen in the playbook.

Le Roy's first TD came when Mike McMullen, facing a fourth down, hits Mike McQuillen on the five, after McQuillen bobbed and faked Brown to give himself space and an open lane for a score.

Near the end of the half, the Knights found themselves in another fourth down situation close to the end zone after a long drive. A penalty dropped them back five yards, making it fourth-and-nine.

McMullen dropped a lob over McQuillen's right shoulder, where only he can catch it. McQuillen's so fast, there's nobody between him and the end zone. The 39-yard pass play gives Le Roy a 22-12 lead.

In a manner of speaking, one of the most crucial moments in the game came on the extra points for this touchdown. Le Roy's point-after attempt failed, but there was a penalty on the play, giving the Knights another chance from the one-yard line.

Tom Kelso dove over the white line for two points, two very important points, as it turned out.

At the close of the game, after a TD for Bishop Kearney set the score up at 29-20, and then the Kings recovered an onside kick with 1:20 left on the clock, Le Roy's nine-point lead was still seemed reasonably secure. A seven-point lead would have been precarious in this situation and even eight points would have been a nail biter.

Coach Long, having seen Le Roy up close now, thinks the Knights are the team to beat this year in Section V Class C.

"First and foremost, they're so disciplined, so well coached," Long said. "They don't make a lot of mistakes. From what I've seen, they've put a couple of wrinkles into their offense that's going to make them tougher. In the past, you could just key in on their run and put eight, nine in the box, but they spread it out a little bit more, which opens up their run and you have to worry about their pass. They're well coached, they're disciplined, they play hard. You have to beat them. They're not going to beat themselves."

Le Roy's offensive stats:

Mike McMullen, 6 for 11, 95 yards, 2 TDs.
Tom Kelso, 21 rushes, 89 yards, one reception, 28 yards
Nick Egeling, 19 rushes 74 yards, 1 TD
Jon Pierce, 7 rushes, 33 yards
Ryan McQuillen, 4 rushes 35 yards, 1 TD, 3 receptions, 57 yards, 2 TDs

On defense:

Jake Henry, 6 tackles and a sack
Tom Kelso, 6 tackles
Mike McMullen, 5 tackles
Nick Egeling, 4 tackles
Reed Kacur, 4 tackles
Ryan McQuillen, 2 tackles and an interception

Bishop Kearney had 383 yards total offense, with only 68 of those yards coming on the round. LaRocca was 19 for 38 passing for 315 yards and one TD. Brown had nine receptions for 151 yards. Jalen Long had seven receptions for 110 yards. Dahmir Pross rushed for 27 yards and a TD on 11 carries.

Top photo: McQuillen with a reception for Le Roy's first TD of the game.

Brown with a touchdown reception on a fourth-30 play in the second quarter.

Bishop Kearney QB Todd LaRocca

Tom Kelso with the ball.

McQuillen ready for a McMullen pass to drop into his hands for a 39-yard TD reception.

Brown with the ball starting his run for a touchdown to open the second half.

Brown scoring to open the second half.

McMullen handing off to Kelso.

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When I was out there today, I liked this early-fall-day scene I spotted across the road from Byron-Bergen School.

BTW: Byron-Bergen is hosting a first-ever Friday night football game tonight. It's a big local football night. Batavia HS has its homecoming and the 5-0 Le Roy team meets 5-0 Bishop Kearney in a homecoming game. (I'll be in Le Roy).

Assemblyman Steve Hawley and John Jakubowski, a workforce development consultant for Genesee County Economic Development Center, spoke to students at the WNY Tech Academy at Byron-Bergen High School this afternoon.

Hawley spoke about how he works in Albany to help get legislation passed and drum up support for projects such as the Genesee Valley Agri-Business Park and WNY STAMP.

Cooperation and relationship building is a big part of the job, he said.

"Communication is the key to getting anything done," Hawley said. "It doesn't matter whether it's texting, whether it's e-mailing, whether it's on the phone, but the best sort of communication is what we're doing here today, looking at each other, eyeball-to-eyeball. You know who I am now. I know who you guys are."

Jakubowski, a retired educator, told students about how he uses his expertise to create job-training programs so the companies coming into the Ag Park and STAMP have a local workforce of job-ready applicants when they open their doors.

Karen L. Soccio, 52, of Batavia, is charged with criminal sale of a controlled substance, 5th, and Anthony P. Sgroi, 49, of Warsaw, is charged with criminal possession of a controlled substance, 7th, possession of a controlled substance not in original container and possession of untaxed cigarettes. State Police report that a trooper putting gas in his patrol vehicle observed an individual on Park Road who was handling a small quantity of pills. Upon investigation, the trooper determined the pills were tramadol, a controlled substance. Sgroi was placed in custody and was allegedly found to possess clonazepam, also a controlled substance, and about 1,000 un-stamped cigarettes. With further investigation, Soccio was found to be Sgroi's alleged supplier. Sgroi was jailed on $5,000 bail. No word on Soccio's bail or if she was released.

Lawrence G. Merritt, 52, of Batavia, is charged with petit larceny. Merritt is accused of taking a bicycle that was on display in the store and attempting to exchange the un-purchased bike at the service desk for cash, using a receipt from an earlier bike purchase.

Lawrence Charles Vanocker, 45, of East Street, Gainsville, is charged with petit larceny. Vanocker is accused of stealing $183.87 in merchandise from Walmart.

Another business in Batavia has reported a force-entry burglary, but since the business was closed a few days, the owner can't say whether it happened last night or the same night as four other area businesses were broken into.

Travis Farewell, owner of Sweet Pea's Cupcakery Cafe on Jackson Street, confirmed that a burglar broke open his register and stole cash. He also said the Habitat for Humanity donation box was broken and all of the money in it was stolen.

Det. Todd Crossett confirmed a crime report was taken, but said no other businesses have come forward.

Yesterday, we reported that Salvania's, just a few doors down from Sweet Pea's, was broken into and cash was taken. Three other businesses in the city also showed signs of forced entry, but nothing was reported stolen.

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

It ain't nothin' but a party, Frank Stanton told the Genesee County Planning Board on Thursday evening in his second attempt to win approval for a special-use permit to host mudding events on his seven-acre property in Bethany.

"This is not a business," Stanton said. "It's a party. It's just a bunch of people getting together and having fun. That's all it is."

Planners recommended disapproval of his permit and didn't offer much encouragement for him to try again.

After a meeting two weeks ago, where planners were much more receptive to his proposal but told Stanton he needed a more formal plan before they could approve it, a pair of nearby Bethany residents wrote the planning board and raised objections to these mudding events.

Robert Reyes and Elaine Shell contend Stanton operates his mudding events as a business.

There's a Facebook page with 700 likes. The events are listed on at least two mudding event Web sites. They suggest it's not just friends showing up to run their trucks in the mud.

"Whether it's a trick of acoustics, with him being in a 'dip', we don't know, but the noise level at and in our home is awful," the couple wrote. "Most of the trucks running are modified with high revving engines, have no mufflers, and are extremely loud."

While Stanton tried to assure planners that there are never more than a couple hundred people at a time on his property at 9832 Bethany Center Road, Reyes and Shell argued that as many as 400 people might be on the property at one time and are concerned that Stanton wants the events to grow even bigger.

Stanton said they can't get any bigger because he'll never be able to buy adjoining property since it's currently owned by a large and successful dairy operation. He said he doesn't make any money off the events. There are no prizes, no awards, nothing that would make these commercial events.

"This will probably fizzle out in five or six years as my kids get bigger and things change," Stanton said.

The vote recommending disapproval was 6-0.

Developers want to bring both a Tim Horton's and a Dunkin' Donuts to Le Roy, and at locations that are so close to each other even E.J. Manuel could accurately toss a football from one drive-thru to the other and hit his intended target.

But that isn't what bothered Genesee County Planning Board members about the proposed Tim Horton's location.

They were concerned about traffic congestion caused by the restaurant drive-thru being so close to gas pumps already on the Mother Goose store property.

While Dunkin' Donuts -- which was only making a sign modification to its previously approved site plan -- got an easy, unanimous approval, the developer of the proposed Tim Horton's walked out of the meeting with no recommendation from the board.

That's better than a recommended disapproval, which raises the bar for the Town of Le Roy Planning Board approval. A no recommendation means the Tim Horton's plan can be approved by the town on a simple majority vote, instead of a majority-plus-one vote.

JFJ Holdings, of North Andover, Ma., is planning to build a Dunkin' Donuts at 125 W. Main St., which is across the street from the Yellow Goose Market and Gas Station.

The market is owned by Dave Tufts, who wants to add a Tim Horton's drive-thru to the west end of his building. Cars would enter from the north and exit to the south.

And at the south end of his property are gas pumps, and that is what concerns planners.

One or two cars queued up for gas could potentially block the drive-thru exit, plus there would be pedestrian traffic going in and out of the store.

Tufts and Dan Blamowski, with Tim Horton's, tried to assure planners that there would be no traffic congestion, but the argument wasn't persuasive enough.

On a night when the planning board was short a couple of members, the 4-2 vote for approval of the plan was one vote shy of the necessary five for approval.

Country star John Michael Montgomery plays Frost Ridge tomorrow night.

Montgomery's gig is one of two originally scheduled for the summer that were moved to October as a result of a pair of lawsuits pending against Frost Ridge.

At the beginning of the concert season, Judge Robert C. Noonan barred live music shows at the venue, but as legal manuvuers played out, Noonan lifted his order pending further proceedings.

The case is still pending, the shows will go on.

Jason Michael Carroll headlines Oct. 25.

For more information visit TheRidgeNY.com.

A hit-and-run driver damaged a sign at First Niagara Bank at 2:46 p.m., Sept. 26, and Batavia PD is asking for the public's help in identifying the driver.

The car reportedly sped through the ATM lane at the First Niagara branch on Court Street and struck a bank sign and continued without stopping.

The gold Chevrolet Impala likely sustained damage to the driver-side front fender.  

The driver is described as an older female.

If you have information that may assist in the investigation, contact Officer James DeFreze at (585) 345-6350.

The Batavia Chess Club has attracted 45 members since Kevin Larsen started it about a year ago, but onyl a handful show up any given night of matches, Larson said.

The club meets at the Richmond Memorial Library every Thursday from 6 to 8:30 p.m. and new members are always welcome. They'll even teach you how to play chess if you don't know how.

Larsen (on the right, second photo) funded the game boards and time clocks out of his own pocket. There are  no dues for membership in the club.

For more about the club, visit bataviachess.org.

Previously: Batavia man and library present 'Batavia Community Chess Club'

Samuel G. Malone turned from the defense table after Judge Robert C. Noonan finished with him and smiled.

He looked out into the gallery as he strode from that moment where his entire future hung in the balance and spotted his wife and baby and the smile grew wider.

The convicted burglar will remain a free man, at least as free as a man can be while on four years probation.

In that moment, he heard something few convicted criminals ever hear: Praise from an often stern judge with little patience for defendants who don't keep their promises.

Malone kept his promises. He's stayed clean. He's lived sober. He's kept a job. He's worked hard. He's walked the line as a husband and father.

"I'm truly sorry for what I did," Malone had told Noonan. "I am. I have really turned around my life, 100 percent, in every aspect of it. I'm a hard worker. I work 50 to 60 hours a week. I love my children and I love my wife."

Malone hit the front pages in April 2013 in a rather notorious way.

In December 2012, a grand jury indicted a DNA profile as a "John Doe" because the statute of limitations was about to expire on the crime. Even without a name, based on that unique DNA profile, the suspect for those burglaries of local businesses could still be charged.

Five months later, after Malone had been convicted on an unrelated felony, and a DNA sample was collected, as required by law, Malone was identified as that "John Doe."

In August, 2013, Malone entered a guilty plea to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Rather than sentence Malone to prison in November, Noonan heeded the advice of the probation departments in Alleghany County (where Malone now lives) and Genesee County. Both probation departments reported that Malone was doing well, staying clean and out of trouble, and leading a new life.

So Noonan put Malone on interim probation for six months.

The judge admitted he was pleasantly surprised at how things worked out.

His own handwritten note from Nov. 12, Noonan said, told him that he thought for sure he would be sending Malone to prison today. The note said, Noonan told Malone, that even a perfect performance while on interim probation wouldn't necessarily keep Malone out of state lock up.

"It's amazing, the turn around you've done," Noonan said. "Even the probation department --certainly no push over on recommendations -- says it would be a step backwards for you to give you any incarceration at this time because you're doing so well."

Noonan's decision to put Malone on probation ran counter to the recommendation of District Attorney Lawrence Friedman, who questioned whether a community-based sentence was appropriate given the severity of the charges.

"I've read the recommendations and he's doing in fact apparently well, and he's done everything, other than driving without a license, that he's supposed to do," Friedman said, "but I'm troubled by the number of serious crimes this defendant committed."

Public Defender Jerry Ader acknowledged that Malone was convicted of a series of serious crimes, but also pointed to how well Malone has done both on probation for his original conviction and the interim probation granted by Noonan.

"He's proven himself almost more than any other client I can remember coming through our office," Ader said. "He has turned his life around. He will be an asset to the community, to his family and to his children."

Noonan reminded Malone that if nothing else, for the next four years, the 28-year-old father will have a lengthy prison term awaiting him if he strays from the path of law-abiding citizen.

"You will have 18 years of prison hanging over your head for any violation of the law while on probation," Noonan said. "That should be sufficient incentive to keep you on the straight and narrow, though you seem to have found your own incentive through your work and family."