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September 24, 2011 - 2:04pm
posted by Howard B. Owens in music, entertainment, Le Roy, Frost Ridge Campground.

Five-time Grammy winner Marty Stuart & His Fabulous Superlatives were in Le Roy on Friday night, playing before a capacity ground at Frost Ridge Campground. 

Prior to the show in the open-air theater, Stuart met with fans who had purchased priority VIP passes and signed autographs.

The Superlatives are Paul Martin on bass, Kenny Vaughn on guitar and Harry Stinson on drums.

Previously: Frost Ridge gaining ground as popular venue for country music stars

If you have difficulty viewing the slide show, click here.

September 24, 2011 - 12:58pm
posted by Howard B. Owens in batavia, crime, bergen.

Four people were arrested Thursday for allegedly possessing various drugs following a "traffic drug interdiction" detail by the Local Drug Enforcement Task Force.

A traffic interdiction detail uses the probable cause of a traffic stop to detect possible drug activity.

Arrested where:

Jonathan B. Marvin, 35, of Hall Street, Batavia. Marvin is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Marvin was allegedly found in possession of heroin along with a hypodermic needle. Marvin was jailed on $1,000 bail.

David A. Showler, 43, of West Main Street, Batavia. Showler is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Showler was allegedly found in possession of heroin along with a hypodermic needle. Showler was jailed on $1,000 bail.

Ryan M. Bobzin, 22, of West Bergen Road, Bergen, is charged with unlawful possession of marijuana. Bobzin was allegedly found in possession of marijuana and issued an appearance ticket.

Warner Lee Love Jr., 18, of Chandler Street, Batavia, is charged with unlawful possession of marijuana. Love was allegedly found in possession of marijuana and issued an appearance ticket.

Assisting in the interdiction detail were uniformed members of the Genesee County Sheriff's Office and K-9 "Pharaoh."

September 24, 2011 - 6:34am
posted by Howard B. Owens in accident, Le Roy.

A caller spotted a car in a swamp about a quarter mile west of 7445 Griswold Road, Le Roy.

Initially, Le Roy Fire Department was dispatched, but cancelled after a deputy who responded found the car unoccupied.

UPDATE 6:38 p.m.: The tow truck company inquired about how wet the driver would get retrieving while the vehicle. Deputy: "Not wet at all."

View Larger Map

September 23, 2011 - 7:11pm
posted by Howard B. Owens in batavia, crime, Pavilion.

Michael John Merrill, 46, of West Ferry Street, Buffalo, is charged with petit larceny. Merrill is accused of stealing a can of beer from 48 Deli Express at 1:53 p.m., Thursday. When confronted by the owner, Merrill allegedly ran. Merrill was jailed on $500 bail.

William Ronald Tombari, 40, of Roanoke Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Tombari was allegedly driving drunk when he was involved in a motor-vehicle accident at 12:05 a.m., Friday, on Route 63 in Pavilion. The accident was investigated by Deputy Eric Seppala.

Shuvon "Bonnie" Williams, 35, of 5 Lewis Place, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Williams is accused of violating an order of protection by allegedly threatening the protected person with bodily harm. The incident was reported at 3:08 p.m., Thursday.

September 23, 2011 - 6:50pm
posted by Howard B. Owens in Emergency Dispatch.

Press release:

Four Emergency Services dispatchers from the Genesee County Emergency Dispatch Center, a division of the Genesee County Sheriff’s Office, were deployed to Broome County after the recent devastation to that area by hurricanes Irene and Lee.

Broome County Coordinator Michael Ballard requested assistance from his state counterparts to cover shifts beginning Sept. 9 through 13. Staff from Genesee County worked 12-hour shifts answering phone lines and entering calls for service into the CAD (Computer-Aided Dispatch) System to dispatch the appropriate emergency service.

Along with several Broome County Emergency Services dispatchers who were personally affected by the storms, remaining staff were becoming fatigued with the long hours and several days of continual requests from citizens for emergency services. Local authorities quickly realized that additional outside resources would be needed to staff its 9-1-1 Center. 

The New York State’s Office of Emergency Management contacted local Emergency Management offices, including Genesee County Emergency Management Coordinator Tim Yaeger, for additional resources to respond to the Broome County 9-1-1 Center.

One very important stipulation was that the deployment not severely impact the operations of the local 9-1-1 centers that send aid. Without impacting operations at the Genesee County 9-1-1 Center, four Emergency Services dispatchers were deployed within 18 hours of the request. 

Senior Emergency Services dispatchers Gary Diegelman, James Tripp, Daniel Rieks and Emergency Services Dispatcher Robert Tripp are certified members of the New York State Telecommunicator Emergency Response Task Force (TERT), a specialized team trained to handle large-scale incidents or disasters.

In conjunction with other Emergency Services dispatchers from Livingston, Niagara and Monroe counties, they deployed to Broome County (which includes the City of Binghamton) on Sept. 9 through 11.

This team of specialized Emergency Services dispatchers was created after the events of September 11, 2001. Several other agencies within New York State have members who are certified to handle these types of large-scale events.

Genesee County currently has nine Emergency Services dispatchers who are certified to respond in this capacity.  While rare, team members could be summoned not only to handle emergencies within New York State but also to assist other participating states.

Since this program’s inception, Emergency Services dispatchers from Genesee County have been requested on two occasions. In 2006, during the floods of Broome County, Emergency Services dispatchers were put on standby, however, did not need to respond. The second was the most recent request received on Sept. 8.

Broome County has been declared a disaster area, therefore, any costs or expenses incurred by Genesee County in the deployment will be reimbursed by state and federal funds.

Photos: Top, Jim Tripp; first inset, Bob Tripp; second inset, Gary Diegelman; bottom, Dan Rieks.

(Initial Post)

September 23, 2011 - 6:25pm
posted by Howard B. Owens in batavia, crime.

The release of a surveillance tape by the Batavia PD appears to have helped lead investigators to a pair of alleged thieves.

Charges are pending against Trevor M. Pilc, 18, of 404 Jackson St., Batavia, and Michael A. Ames, 19, of 508 Dale Road, Dale.

The duo is accused of burglarizing a number of Batavia businesses during the summer and is currently being held in a Wyoming County jail on similar charges.

The videotape, published on The Batavian, didn't lead to a tip with a name attached, but it did lead to information that helped investigators put some pieces together, Sgt. Pat Corona said.

"(The video) kept people interested in the case and got people talking about it," Corona said. "As a result of that, I did get information about a person talking about one of the burglaries and a name was mentioned in that conversation."

Corona expects burglary charges against Pilc in connection with break-ins at Neptune’s Gardens, 33 Liberty St., occurring on, June 3; Blondie’s Sip and Dip, 670 E. Main St., occurring on July 8; The Batavia Youth Center, 12 MacArthur Drive, occurring on July 23; and Batavia’s Original Pizzeria, 500 E. Main St., occurring on Aug. 6.

Ames also faces probable charges in connections with break-ins and larcenies from Batavia’s Original on Aug. 6 and again on Aug. 30.

Corona said Ames and Pilc both confirmed they are the two people seen in the video.

September 23, 2011 - 5:27pm
posted by Howard B. Owens in Genesee County Health Department.

Very few of us ever work for the same employer for 33 years, the span of a single career, but Randy Garney walked out of Genesee County Building #2 today being able to say he did it.

Garney started with the county Health Department right out of college in 1978 as a public health technician trainee. Over the next several years, he worked his way up the ranks and eventually became public health director for the county.

Never once did he leave and work for another agency.

"Work is such a large segment of your life that I feel very blessed that this segment of my life was so enjoyable," Garney said. "Have there been hard times? Absolutely. But working with the people I've worked with, and with the directors I've worked with over the years, there was never a day when I didn't look forward to coming to work. I know there are people who don't enjoy their jobs, so I feel very fortunate."

Garney, now 55, who grew up in Oakfield and attended Notre Dame High School, and his wife Deborah, sold their home and are moving to Florida to be closer to their children, Heather, 35, and Steven, 32, and their four grandchildren.

Now is the time to retire, Garney said, while he still has his health and he can use his energy for his family and for ministry.

Once in Florida, Garney said, he hopes to find a church-affiliated group that cares for the homeless and devote much of his time to helping those in need.

"We really have a burden for the poor and the indigent," said Garney, who along with Deborah have worked with Care-A-Van Ministries.

He won't miss the current budget process, acknowledging that it's become very difficult and will be a real challenge for public health in future years, but he will look back on his career with Genesee County as a good one.

"I really enjoyed public health and helping people," Garney said. "It stuck with me and I really enjoyed it. I never thought I would get the chance to be public health director, but it’s really been the highlight of my career to administer public health throughout the county. It’s been a lot of fun."

September 23, 2011 - 3:46pm
posted by Howard B. Owens in batavia, obituary.

A Batavia man known for his love of waterfowl died Wednesday at the age of 62 at Strong Memorial Hospital after a lengthy illness.

Ronald P. “Grazo” Grazioplena, an Oak Street resident, was first featured on The Batavian in articles by Jim Nigro in the Spring of 2010 for his efforts on behalf of ducks and geese (Part 1, Part 2).

Later, Grazioplena would get caught up in a dispute with neighbors over the ducks he kept in his back yard and the general state of his property. The case would eventually go to court and in early 2011, Gazioplena was ordered to clean up his yard and make other changes to his property.

(Full Obituary)

September 23, 2011 - 3:18pm
posted by Howard B. Owens in batavia, crime.

Each fall these days, as students return to school, the issuing of bullying makes the news again.

Usually, it's related to the tragic suicide of a teenager who was picked on by his peers.

This fall, the death wasn't too far from home.

Jamey Rodemeyer, a freshman at Williamsville North High School took his own life after years of being victimized by bullies.

The case has drawn the attention of Erie County law enforcment, which is a reminder that bullying isn't just cruel. It's a crime.

Yesterday morning, I spoke with Det. Rich Schauf of Batavia PD and this morning I spoke with Christopher Dailey, principal at Batavia HS, about how bullying is handled within the city. Much of the information they have to share should be applicable throughout Genesee County.

The primary laws that could be used to prosecute a bully are harassment, a violation, and aggravated harassment, a misdemeanor.

Harassment usually involves pushing and shoving or similar violent acts that do not cause serious physical injury but are intended to annoy or alarm the victim.

Aggravated harassment is phone calls, text messages and messages left in online venues that are intended to alarm and annoy the victim.

If the bully is, say, 17, and the victim is, for example, 14, a charge of endangering the welfare of a child is also possible.

The age of the bully is also a factor in what police can do with the case and how the judicial system will deal with it.

If the bully is 14 or 15, or younger, there won't be criminal charges filed. Instead intervention and counseling is used to try and change behavior.

If the bully is 16 or older, then it can become a criminal matter.

These days, bullies use electronic devices to victimize their targets -- phone calls, texting, Facebook messages and other websites are used to leave harassing notes.

In the case of Rodemeyer, the most recent abuse meted out toward him was on a blog he set up at Formspring. Among the messages left for him were:

* "Kill your self!!!! You have nothing left!"

* "Listen to us, you're a bad person, you don't belong here, jump off a bridge or something!"

* "Go kill yourself, you're worthless, ugly and don't have a point to live."

When people leave messages like that, Schauf said, even when they're determined to be criminal in nature, proving who left the message can be difficult.

"The bully might say, 'I lost my phone,' and you ask, 'Did you report it missing or stolen?' and they'll say, 'Well, a friend had it,'" Schauff said. "It's really hard sometimes to put that person in the position of having sent the messages. That's an uphill climb in these investigations."

Investigators must prove the bully was physically in control of the computer or phone used to send the messages at the time the messages were sent.

That isn't always easy, Schauf said.

However, just the intervention of law enforcement can sometimes change a bully's behavior, Schauf said, a point Dailey reiterated.

"Usually we get both parents involved (before contacting police) and that puts an end to it," Dailey said. "We get everybody together and hash it out. Usually a visit from police ends it pretty quick if our intervention doesn't work out."

Dailey said the vast majority of the time, when school officials confront a bully about hurtful and harassing cyber messages, the bully fesses up immediately.

School officials take bullying very seriously, Dailey said.

"When something like this comes up (the death of Rodemeyer), it's something all the staff talks about," Dailey said. "It's a reminder to pay attention to this. We don't want it to happen here. We don't want to be the next headline."

Four years ago, the school started a mentoring program for freshmen which includes an orientation day before classes start and mentoring for the freshmen by upperclassmen.

Since the program started, Dailey said, bullying in the school has dropped 22 percent.

"I'd be lying if I said it was gone totally, but it has gone down significantly," Dailey said.

In October, teachers and staff will receive additional training on dealing with bullying.

It's important to take seriously, Dailey said, because unlike with previous generations when somebody might get bullied at school, but then go home and be away from it, in a safe environment, now the bullying follows the victim across the internet and through mobile phones and text messages.

"If I were bullied as a kid, I could escape it," Dailey said. "Now, for these kids who get caught up in that web they cannot escape it, which is why we have to be more vigilant. The old 'boys will be boys' attitude doesn't fly any more."

Schauf said anybody can report bullying to the police, even just a witness -- such as somebody who sees harassing messages online. But in order to press charges, the victim must be willing to cooperate. If there isn't a cooperating victim, police won't be able to complete an investigation and file charges.

That can sometimes be hard to get, Schauf said, because some victims just want the problem to go away and be left alone.

(Schauff encouraged witnesses to call the BPD's confidential tip line, which will go straight to investigators, rather than emergency dispatch when reporting possible bullying. The number is 343-6370.)

The difficulties in prosecuting bullies, Schauf said, are why a good relationship between the police and the school is so important. 

Investigators trust that school officials will bring serious cases to them and handle appropriately those cases they can handle internally.

"Schools have a bit more leeway to take action on the punishment aspect," Schauf said. "We work really well together to mete out the best consequences we can get, working between the two styles."

Further reading: Tips on avoiding cyber bullies.

September 23, 2011 - 2:48pm
posted by Howard B. Owens in elba.

There's a report of a slick roadway on Route 262 in the area of Route 98, possibly due to oil on the road surface.

UPDATE 3:21 p.m.: State DOT on location, putting sand down.

September 22, 2011 - 10:29pm
posted by Howard B. Owens in batavia, fire.

A possible fire in the wall has been reported at 17 1/2 Central Ave., Batavia.

City of Batavia Fire Department responding.

UPDATE 10:31 p.m.: City firefighters on scene. Nothing showing. It's a two-story, wood-frame structure.

UPDATE 10:33 p.m.: Possible short in an electrical outlet. Firefighters opening up the wall to check for extension.

UPDATE 10:35 p.m.: Wall opened, no fire.

UPDATE 10:49 p.m.: Power shut off at 17 1/2 Central Ave. The residents are getting a few things and will stay at a neighbor's. Residents advised to contact the landlord. City fire back in service.

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September 22, 2011 - 9:16pm
posted by Howard B. Owens in batavia, crime.

District Attorney Lawrence Friedman wasn't immediately available earlier today following the acquittal of Ronald Smith on three counts of sexual abuse in the first degree. Geoff Redick and I waited until he was available and asked him about the verdict. Rather than weave his answers into our previous post on the not-guilty verdict, here is what he had to say:

On his initial reaction:
"To state the obvious, we were disappointed. We pursued this case because we believed the defendant committed these crimes, so it’s always a disappointment."

On whether mistakes were made in the prosecution:
"I‘m not second-guessing anything about how the case was tried. I think it went well, but as I said earlier, that is our jury system, where we have to have a unanimous verdict of 12 people convinced beyond a reasonable doubt. I think that’s the best answer. We do have a heavy burden and obviously the jury felt that was not met."

On what the jury said after the verdict:
"Quite frankly, as you know, we do talk to jurors afterwards, but I guess I don’t want future jurors to be stifled thinking that we’re going to be making things public (that) they say to us.

"It’s not that there’s anything about this case that I’m holding back on, it’s just that we like to respect their privacy."

On the difficulty of proving intent for sexual gratification:
"I always think it’s interesting that the more serious sex offenses like first-degree rape and first-degree criminal sexual act -- crimes involving forceable compulsion, much more serious crimes -- those don’t have that element of sexual gratification. It’s really understandable why they don’t.

Really, these are crimes of violence, not necessarily being committed for sexual gratification. So to me it just always seems unusual that when you get to a lower-level offense such as sexual abuse, you’ve got that added element that we don’t have in more serious crimes. And yes it can be very difficult to prove the purpose of the act was to satisfy sexual gratification.

"Actually, in this case, I thought we were better off than most because of statements the defendant made, which were in the video, that I think reflected what he termed an accidental touching of the victim."

On the fact the jurors didn't know Smith is a Level 3 sex offender:
That’s the very reason they can’t know. In a case like this, it could effect the verdict, even with a warning from the court. That’s why they are not allowed to know, because obviously the idea is they shouldn’t be basing their verdict on what somebody has done in the past, they should be basing it on the evidence that’s presented in this trial. Granted, it adds to our frustration  when we know the person’s history and the jury doesn’t."

September 22, 2011 - 2:39pm
posted by Howard B. Owens in batavia, crime.

A 21-year-old Batavia woman was in Genesee County Court today, accused of violating probation, less than 24 hours after her same-sex marriage made front-page news.

Judge Robert C. Noonan was ready to send Katrina Drake to jail for allegedly using drugs while on probation, especially, he indicated, because she is pregnant.

Public Defender Gary Horton asked for time to find a drug rehabilitation program for Drake and Noonan granted a 30-day recess, but said if she continues to use drugs, she's going to jail.

The reason Drake is on probation is not available because her case was adjudicated as "youthful offender status." The case would have been filed prior to her turning 19.

Drake married Toni White in a civil service outside the courthouse yesterday.

September 22, 2011 - 2:20pm
posted by Howard B. Owens in crime, corfu.

A 52-year-old Corfu woman who shot her husband in his knee in August 2010 entered a guilty plea today to a charge of assault, 2nd, as a reckless action.

Patricia A. Hardesty, of 3483 County Line Road, Corfu, admitted to Judge Robert C. Noonan that she fired a .22-caliber rifle at her husband, hitting him in his knee and that she knew at the time her actions could cause bodily harm.

Hardesty faces a maximum sentence of three years in prison.

Upon Hardesty's request, her bail was revoked and she was remanded to the Genesee County Jail following her guilty plea.

As part of the deal, the District Attorney's Office agrees to expedit the return of items to her husband that were seized as evidence, including siding on their garage, which had bullet holes in it, the gun and a hat.

September 22, 2011 - 1:29pm
posted by Howard B. Owens in batavia, crime.

A jury has returned a verdict of not guilty on all three counts of sexual abuse in the first degree filed against Ronald Smith.

Smith is a Level 3 sex offender who was accused of reoffending within months of being released from prison on his prior conviction.

Public Defender Gary Horton declined an interview request following the verdict, saying, "It is what it is. The jury worked hard and you've got to respect the verdict."

Smith was accused of using a finger to touch the private part of a 7-year-old girl on three separate occasions between October 2010 and January.

After the jury was dismissed, Smith hugged Horton and spoke briefly with his attorneys before being taken by deputies back to the jail.

Smith was previously convicted of failure to register his proper address as a registered sex offender.

He's serving a sentence of one-and-a-third to three years on that conviction.

September 22, 2011 - 12:52pm
posted by Howard B. Owens in batavia, crime, Oakfield.

Skyler Chiffon Perry, 21, of East Main Street, Batavia, is charged with trespass. Perry is accused of being at College Village at 2:15 a.m., Sept. 4, after previously being banned from the property.

Katherine Elizabeth Crist, 22, of Cobblestone Court, Holley, is charged with DWI, aggravated DWI, consumption of alcohol in a motor vehicle, speeding (75 in a 55 mph zone) and unlawful possession of marijuana. Crist was stopped at 9:10 p.m., Tuesday, on Route 262 in Elba by Deputy Brad Mazur.

Adam J. Pentycofe, 27, of Coe Avenue, Oakfield, is charged with DWI and driving with a BAC of .18 or greater. Pentycofe was allegedly involved in a fight in the parking lot of a local business at 1:41 a.m., Sept. 17. He was later stopped on Lewiston Road by Sgt. Greg Walker.

September 22, 2011 - 12:08pm
posted by Howard B. Owens in batavia, steve hawley, patriot trip.

At Batavia Downs this morning, more than 100 people boarded buses headed for Washington D.C. as part of the annual Patriot Trip hosted by Assemblyman Steve Hawley. The trip includes visits to Arlington National Cemetery, the Washington Mall and various war-related museums and monuments.

September 21, 2011 - 6:52pm
posted by Howard B. Owens in batavia, crime.

A jury charged with deciding guilt or innocence in a case of alleged sexual abuse, spent this afternoon deliberating but has yet to reach a verdict.

The jury reconvenes at 9:30 a.m.

After a day and a half of testimony in the trial of Ronald Smith, the jury heard closing arguments late this morning from Public Defender Gary Horton and Assistant District Attorney Melissa Cianfrini.

Smith, a Level 3 sex offender who was out of prison just a few months before he allegedly sexually abused a 7-year-old girl, is charged with three counts of sexual abuse,1st. If convicted, he could be sentenced to as much as three consecutive seven-year sentences.

In order to convict Smith, Horton told the jury, each juror must find beyond a reasonable doubt that Smith intended to achieve sexual gratification when he allegedly touched the little girl's private parts.

Horton argued that there is no evidence that Smith intentionally touched the girl in a sexual manner.

According to Horton, a videotape of a police interrogation of Smith fails to demonstrate that Smith intentionally touched the girl in a sexual way.

"They ask the same question over and over again because they're not satisfied with the answer," Horton told the jury. "They even suggest answers. 'We know you touched this girl in this way,' they said. But what you have is Ronald Smith protesting vehemently that he ever touched that little girl, not in that way, not in a sexual way."

(For fuller coverage of the videotape evidence, read Geoff Redick's story on WBTA's website.)

Horton also told the jury that the young alleged victim changed her story on the witness stand, first saying that Smith had touched her bare skin when questioned by Cianfrini, denying it when questioned by Horton, and then saying again that Smith touched her in her private area and touched bare skin.

Smith is accused of using his finger to touch the girl's intimate area on three different occasions -- once on a visit to her mother's house when he was in the mother's bedroom with her and his 1-year-old child, once in the living room while they watched TV and once in her bedroom.

At one point in testimony, however, according to Horton, the girl even denied Smith ever came over to her house.

Horton was careful not to accuse the alleged victim of lying.

"I point all of this out, not to say this little 7-year-old is involved in some grand conspiracy to bring false accusations against my client," Horton said. "I am saying that, because of her age and level of understanding, she was asked many leading questions. And when she testified she agreed with Ms. Cianfrini, and when I asked the questions she agreed with me."

Horton said the girl showed the same propensity to agree with an adult authority figure when questioned at the Child Advocacy Center by a doctor.

There may be evidence that the girl was molested by another man when visiting his house in another county.

"I am saying it is quite possible that this little girl was molested by somebody else," Horton said.

Cianfrini, in her closing argument, said all of the evidence pointed toward Smith -- that he knowingly, purposefully and for sexual gratification touched the girl's vagina.

"Three times is not an accident," Cianfrini said.

A good portion of Cianfrini's argument involved pointing out Smith's inconsistent statements.

At one time, in a written statement, he denied ever going over to the girl's mother's house to visit his own child when there wasn't another adult present.

But in the video, he clearly admits being alone with the girl at times, but denies touching her in a sexual way.

"Maybe I touched her on accident, but it was when I was playing with her, when we were wrestling," Smith said. "If I did touch her – I never have – but if I did, it was on accident."

Later in the tape, Smith talks with investigators about wrestling with his sexual demons, saying he had conquered those demons, which is why he said he told the girl not to cling to him all the time.

Cianfrini said the girl's testimony was consistent and contained the kind of detail that makes her believable.

"Her recall was accurate," Cianfrini said. "She was able to testify accurately and in detail as to the place of the incidents, what rooms she was in. She was able to describe what she was doing, what Ron was doing and what her baby sister was doing. She was able to tell you what clothes she was wearing. She could tell you where the baby was located."

It was clear, Cianfrini said, that Horton's questions often confused her and once she understood the questions, she gave consistent answers.




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Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

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