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Attorney wrangles over 'particulars' of burglary charge against Alexander man

By Howard B. Owens

The attorney for Nicholas Antonucci, accused of multiple counts of burglary, would like a little more information from the prosecution on one burglary charge.

In November, Antonucci allegedly entered the home of a person he was ordered not to contact. The fact that he entered the house and stayed earned him a charges of burglary, 2nd, and criminal contempt, 2nd.

Defense attorney Thomas Burns requested a "bill of particulars" from the District Attorney's Office -- a document outlining exactly what Antonucci did to get saddled with a burglary charge.

To be charged with burglary, you must enter a dwelling unlawfully with the intent to commit a crime.

Burns said in court that recent case law would indicate the criminal contempt allegation alone wouldn't sustain the burglary charge.

Assistant District Attorney Robert Zickl told Judge Robert C. Noonan that the people had turned over to Burns everything they had on the charges.

Noonan is considering that and other motions filed in the multiple cases pending against the 25-year-old fromer Alexander resident, who is currently in state prison on felony convictions in Wyoming County.

Earlier this year, Antonucci was indicted on charges stemming from the alleged attempted theft two snowmobiles. He entered a not guilty plea to counts of attempted grand larceny, 3rd, petit larceny and two counts of criminal mischief, 4th.

Antonucci is scheduled to appear in Genesee County Court again on April 22.

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