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Subway robber sent to state prison

By Howard B. Owens

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A Batavia resident who robbed a Subway restaurant on East Main Street in January and was tracked down by K-9 Destro will spend at least two years in state prison.

Ricky Miller II had previously entered a guilty plea to third-degree robbery.

Defense Attorney Jamie Welch sought an adjournment of the sentencing in Genesee County Court this afternoon to give Miller more time to complete $254 in restitution in order to avoid fees and surcharges.

Miller is expecting a tax-refund check the first week of May, so Welch asked for sentencing on May 8.

District Attorney Lawrence Friedman said it would cost the county more than $250 to house him in the local jail those additional days.

Judge Charles Zambito denied the request.

Miller can avoid some additional fees if he makes restitution before May 8. If he doesn't, then he must pay $25 per month until restitution is paid (Welch asked for $10 a month and Friedman countered $50 per month and Zambito went to with $25).

When asked to make a pre-sentence statement, Miller declined.

He was given two to four years in prison.

News partner WBTA contributed to this report.

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