V'E? T.*-'|.^iK'•;"»••? •.?.•<•?.rJ^wyTy > . " i . v ».»y y: '1 .*• A 2 8 Niagara Fall* Geuett* v -"\" Pfert Bargaining Friday, D«*» ?*/ *jg A 50% OFF By JOE ROLAND the defendant, since a violation The biggest plus for the sys- In the case of youthful of- j ruary and scheduled for the day Gazette Staff Writer is not technically a "crime." tem, is that it allows a better! fenders, there are. even morejwhen the district attorney wno The catch win plea bargain- form of justice by making a\ distinctions. The case this week|reducedth e plea will be ir The conflict between the dising is that the defendant mus: trict attorney and defense atLIST PRICE ON plead guilty to the reduced more suitable punishment pos-1 was finally adjourned into Keb-jcourt. torneys ov reh teuse and abuse crime, thus passing the buck to sible. of reducing charges flared up . In fact, what the systerq doesi AH Types — BRICK BLOCK STONE CONCRETE MASONRY the judge. in City Court this week during a heated argument between actTuckpintinj;,' Parting, Waterproofing. WINTER The judge must decide wheth- do is save untold man hours ml Cleaning j SPECIAL — Deteriorating Stone Cellar Foundation Walls. | ing Sity Court Judge Nunzio er or not to accept the reduced court by saving off a trial. Rizzo and AssW Dist. Atty. Shacharge, whether or not to ac- A sample week showed that Restored to the Original and Given an Articulate Finish of 16 cases disposed of through vasp Hanesian. HAEBERLE FCAZA (Portage & Pine) lt cept the guilty plea, whether or As simply as possible, guilty plea or trial, five -errter- Appearance — Cellar Cleaning — FREE With Job Order. The trouble started Monday not the defendapt's rights have Qualified Workmanship — Free Estimates — ^f>h. 28M784 when attorney James LiBrize works like this: been violated, and finally, what ed pleas to rdeuced charges. appeared before the bench and; Following an arraignment in enalt t 0 e x a c L >' reported that he was ready for City Court the attorney for the P How does the judge know? . defendant sets a trial date. a youthful offender hearing.After deciding on an agreeHanesian calmly approached Sometime before the trial dale, able reduction, the defense at* the attorney makes the deterthe bench and reminded the judge that the teen-ager involv-Sanation that his client has. attorney and the district attorney ed had been charged with a! best, a slim chance of acquit- approach the judge in open court and explain that they de felony; which is not triable in|' a ^ City Court. Hanesian said he! Rather than to take a chance s i r e a rdeuction. had agreed to reduce thejwith the trial, he may open Major Danger Is Cited charge to a misdemeanor to discussions with the district :Although ethics demand that enable the youth to-plead guilty; attorney who is'working in City the judge not participae in plea discussions, most judges like to to being a youfhful offender. jCocrt that day. know why they should allow the Factors in Reductio n Procedure Employed reduction.•'•* Judge Rizzo looked over the v any number of reasons, vopy of court proceedings kept|su~For av'ailabilitv of wit- The biggest fear created by ch" a s in the file and said there was no nesses, the circumstances sur-jthe system is that an unscrupunotati6n that the boy, who had rounding the alleged crime, or lous district .atorney and an wbeen declared a youthful offend- the previous record of the de-i ethical defense attorney could er, had to enter a guilty plea. fendant, the. district attorney | combine to pervert justice: "Your honor, we are not res- may decide that the defendant! ponsible for what the judges deserves a break. | put on the record. It is an understanding that our office has he defendant's attorney and before we reduce the charge," the district attorney then decide j on a suitable crime. It must be j said Hanesian. The assistant district attorney a fesser, related offense. explained that his -office will In a felony matters, the deallow reductions for the purpose fendant is entitled only to a of obtaining youthful offender preliminary hearing in City Special After Christmas Sale status only if, the defendant has Court. If the defense attorney a clean record, the arresting of-|can get a crime reduced from on few of a kind items! ficer gives his approval, and a|the felony to the misdemeanor reduction is needed to confer level, he plops the case back Open Tonite till 9:00, Sat. till 5:30 1632 MAIN ST. jurisdiction. into City Court jurisdiction. Confusing Area of Law A misdemeanor, with less The conflict was not the first severe penalties, can be tried over plea bargaining, which is in City Court and saves time for perhaps one of the most confus- the defendant and his attorney. ing and shrdowy areas of crim- Lower-Level Charge inal law. Below the misdemeanor level Plea bargaining is not speci- are violations. This presents fically provided for in the penal another attractive reduction for laws, but has been generally upheld in five Supreme Court YOUR AUTOMATIC TRANSMISSION REBUILT decisions since 1957, according to the Prosecutor's Sourcebook. FOR ONLY ALL CHRISTMAS MERCHANDISE PORTAGE PHARMACY S*OtflPD VHgfc **> APPLIANCES A P P L I A N C E , INC FROST-PROOF 12.1 CU. FT. Winners Are Named Winners in the Lewiston Jay> cees Christmas lighting and decorating contest were announced today by James Alaimo and Joel MacDonald, co-chairmen of the contest. Two top winners were Becker's Shell Station and Lewiston Cleaners. Honorable mention went to Philbrick's gasoline s e r v i c e station and Eddie's Paint Shop. Falls Student In Bowl Game Band A Niagara Falls man is a member of the 125-man University of Notre Dame band which will make its first bowl appearance on Jan. 1 at the Cotton Bowl in Dallas, Texas. Notre Dame's football team will play the University of Texas Longhorns. In the Notre Deme band is Jack M. Leo, son of Francis J. Leo; 498 79th St. He is a senior majoring in aerospace and mechanical engineering, and plays the alto sax. Group Will Select 'Mr. Woodman' A "Mr. Woodman" committee to select a member for recognition of his service to Kosciuszko Camp 211, Woodmen c* the World, has been appointed. It consists of Stanley Polka, chairman; Leo Buchalski and Adolph Latko, president of the lodge. NO MONEY DOWN! EASY PAY PLAN! 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