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February 28, 2013 - 9:53am

Possible suspect in Sally Beauty robbery hospitalized after arrest in Owego

posted by Howard B. Owens in batavia, crime.

A 62-year-old Attica man is in an Owego hospital after allegedly being caught in the act of robbing a CVS Pharmacy in that city.

The man is considered a person of interest in the Sally Beauty Supply store robbery in Batavia on Feb. 9, according to Deputy Chief Jerome Brewster.

The same man is also considered a suspect in robberies in Corning and Big Flats. (More)

In all four robberies, the perpetrator wore a black ski mask and carried a big knife.

According to a news report, Owego police officers responded last night to a call of a robbery in progress at the CVS store and confronted a suspect. The suspect reportedly fled on foot and after a two-block foot chase, he was tackled.

Officers reportedly used force to subdue the suspect, who, according to sources, suffered two broken arms legs and cuts.

The suspect in the Owego robbery has been identified by law enforcement sources as John R. Malowsky, a registered Level 3 sex offender with prior convictions for assault, 2nd, and robbery, 3rd, in 1976 and two counts of robbery, 1st, sexual abuse, 1st, and rape ,1st, in 1983 in Genesee County. He was sentenced to 12 to 25 years in prison, reportedly released sometime prior to May 2011, violated parole and re-incarcerated. He was released from prison most recently in October.

Brewster declined to specifically name Malowsky as a suspect, but did say that the man arrested in Owego was the same person Sheriff's investigators had been looking at.

The Sally Beauty store person of interest was interviewed by investigators earlier this week at his place of employment. After that, his wife reported him missing, Brewster said.

"We were putting together a pretty darn good case," Brewster said. "We interviewed him and then he disappeared."

The person contacted by the Sheriff's Office as a person of interest was brought to the attention of investigators, Brewster said, by a parole officer who said he recognized the possible suspect vehicle identified in media reports.

No charges have been filed yet in any of the four suspected robberies.

Alecia Kaus contributed to this story.

Doug Yeomans
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"Officers reportedly used force to subdue the suspect, who, according to sources, suffered two broken legs and cuts."

Couldn't have happened to a more deserving guy!

DIN 76D0032
Inmate Name MALOWSKY, JOHN
Date of Birth 02/14/1951
Custody Status DISCHARGED
Housing / Releasing Facility
Date Received (Original) 03/04/1976
Date Received (Current) 03/04/1976
County of Commitment WASHINGTON
Latest Release Date / Type (Released Inmates Only) 03/11/81 PAROLE DIV OF PAROLE
Parole Hearing Date 05/1978
Conditional Release Date 05/11/1983
Maximum Expiration Date 02/20/1987

ASSAULT 2ND
ROBBERY 3RD

-----------------------------------------------------

DIN 83C0424
Inmate Name MALOWSKY, JOHN
Date of Birth 02/14/1951
Housing / Releasing Facility SHAWANGUNK
Date Received (Original) 06/08/1983
Date Received (Current) 09/19/2011
County of Commitment GENESEE
Latest Release Date / Type (Released Inmates Only) 11/23/12 DISCH - MAXIMUM EXPIRATION
Aggregate Minimum Sentence 0012 Years, 06 Months, 00 Days
Aggregate Maximum Sentence 0025 Years, 00 Months, 00 Days

ROBBERY 1ST
SEXUAL ABUSE 1ST
RAPE 1ST
ROBBERY 1ST

Beth Kinsley
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I'm not sure how to post a link but I'll give it a try. Apparently Mr. Malowski had many victims including two men who were wrongly indicted for 2 of his crimes. He tried to commit suicide in the Genesee County Jail after he was arrested at that time.

http://fultonhistory.com/Newspaper%2013/Mt.%20Morris%20NY%20Enterprise/M...

Billie Owens
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I can't believe this guy had a job, much less a wife.

Doug Yeomans
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Beth, I've poured over the fultonhistory.com site looking for family information and historic events. It really is amazing what can be found with a bit of sleuthing.

John Roach
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Billie,
You would not believe the number of women who want to marry inmates. It's a regular occurrence at Attica.

Bob Harker
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ASSAULT 2ND
ROBBERY 3RD
ROBBERY 1ST
SEXUAL ABUSE 1ST
RAPE 1ST
ROBBERY 1ST

Can somebody please explain to me why this total POS was on the street at all?

John Roach
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Bob,
Because he served the maximum time allowed by law.

Bob Harker
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John, my point was that his multiple violent felony convictions should qualify him as a three time loser - and qualified to be locked up for the rest of his life.

A complete waste of oxygen.

Howard B. Owens
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Those charges, if my understanding is correct, are two sets of felony convictions.

If convicted, I would suspect/expect he would be found to be a persistent violent felony offender.

http://law.onecle.com/new-york/penal/PEN070.08_70.08.html

If convicted of robbery in the first degree, he would be looking at 20 years to life in prison.

If convicted of a lesser felony, a dozen years to life.

Of course, the minimum will also be subject to being either a concurrent on consecutive minimum sentences, if convicted of more than one count.

I'm thinking, there's a very good likelihood, if convicted, he will spend the rest of his life in prison. I won't say 100 percent certain, because let's say his attorney cuts him a deal where he pleads guilty to four counts of robbery third with concurrent sentences, we're talking 12 years to life, so he would be eligible for parole at age 74.

If I'm even reading these statutes correctly. And, of course, if this is indeed the guy and he is convicted. He's still considered innocent, remember.

JERRY CONDELLO
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2 Broken Legs? HAHAHA to bad, so sad you P.O.S.

carol grasso
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Yeh that SOS scared my friend to death at Sally's in Batavia, hope he gets everything possible! Thank God he didn't hurt her! Just that she's scared to death now of everyone. Pray for her!!Thanks

Richard Richmond II
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As John pointed out, he received the maximum the law allows.

Many believe in rehabilitation at all costs despite its questionable outcome......well maybe not so questionable.

To put our Legislature’s and Governor’s values in perspective and particularly for those who voted for the new unconstitutional debacle of a gun law, the penalty for 8 rounds in a 10 round magazine is more severe than being a repeat child molester.

Having eight rounds in a 10 round magazine, or having magazines with more than a 10 round capacity in New York will be defined as criminal possession of a weapon in the third degree; a “Class D Violent Felony.

Listed below the fold are a few crimes in New York that are class E felonies and A misdemeanors which are one or two arrest levels below a class D felony.

120.70 – Luring a child | E Felony
121.11 – Criminal obstruction of breathing or blood circulation | A Misdemeanor
125.10 – Criminally negligent homicide | E Felony
130.20 – Sexual misconduct | A Misdemeanor
130.25 – Rape 3rd degree | E Felony
130.40 – Criminal sexual act 3rd degree | E Felony
130.52 – Forcible touching | A Misdemeanor
130.53 – Persistent sexual abuse | E Felony
130.65A – Aggravated sexual abuse 4th degree | E Felony
130.85 – Female genital mutilation | E Felony
135.05 – Unlawful imprisonment 2nd degree | A Misdemeanor
135.10 – Unlawful imprisonment 1st degree | E Felony
135.45 – Custodial interference 2nd degree | A Misdemeanor
135.50 – Custodial interference 1st degree | E Felony
• 135.55 – Substitution of children | E Felony
135.60 – Coercion 2nd degree | A Misdemeanor
150.01 – 5th degree Arson | A Misdemeanor
150.05 – 4th degree Arson | E Felony
178.10 – 4th degree Criminal diversion of prescription medications and prescriptions | A Misdemeanor
178.15 – 3rd degree Criminal diversion of prescription medications and prescriptions | E Felony
220.28 – Use of a child to commit a controlled substance offense | E Felony
240.05 – Riot 2nd degree | A Misdemeanor
240.06 – Riot 1st degree | E Felony
240.08 – Inciting to riot | A Misdemeanor 240.10 – Unlawful assembly | B Misdemeanor
240.15 – Criminal anarchy | E Felony
240.20 – Disorderly conduct | Violation
240.61 – Placing a false bomb or hazardous substance 2nd degree | E Felony
250.45 – Unlawful surveillance 2nd degree | E felony (Hidden cams for sexual gratification)
255.25 – Incest 3rd degree | E Felony
263.11 – Possessing an obscene sexual performance by a child | E Felony

As long as we continue to elect people who are soft on criminals, and make criminals of the law abiding for their own selfish political gain, we can expect more of the same.

Frank Bartholomew
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Maybe the politicians feel that if you can't hit your target with 6 shots, you shouldn't own a gun anyway.
RR2, those are some heavy charges, hard to believe that something that was legal a month or so ago, has become a felony, and will make felons out of good honest people.
I personally have no use for firearms, but would still like my rights intact
if I change my mind.

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