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Batavia man will serve 15 years for armed robberies

By Howard B. Owens
Mark Maltese

At one time, Mark Maltese was a model citizen, his attorney David Pilato told Judge Robert C. Noonan this morning before Maltese was sentenced to 15 years in prison.

The 44-year-old Batavia resident had a couple of driving under the influence arrests, but otherwise never had any contact with the law until he decided to start robbing and burglarizing local businesses in order to feed a recently acquired cocaine addiction.

He was educated, employed, a father and a son who grew up loving football and caring about his family, Pilato said.

"His addiction is not an excuse for his behavior," Pilato said. "It explains his behavior."

Noonan said, even so, the crimes committed by Maltese, which he was convicted of at a jury trial in January, were "among the most violent crimes in our criminal justice system" and deserved a significant prison term.

The 15-year sentences were handed down on Maltese's conviction of robbery in the 2nd degree.

The armed robberies were committed over a few days period in November 2013 at the Best Western on Park Road, the 7-Eleven in Oakfield, and the Days Inn on Noonan Drive, Batavia.

Maltese was captured after burglarizing Rent-A-Center days after the Days Inn robbery.

The two 15-year sentences were imposed concurrently, as were the series of two-and-one-third to seven-year sentences for his convictions on burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd.

Also in court today: Robert W. Plantiko Jr., 29, of Thorpe Street, Batavia, who entered a plea in January to criminal possession of a weapon, 2nd, was sentenced to two to four years in prison. The conviction stems from a Sept. 5 incident on Thorpe Street that led to charges of burglary, 1st, robbery, 1st, menacing, 2nd, assault, 3rd, and criminal mischief.

Tina Causyn

I think that is a very harsh sentence. He does need to pay for his crimes but a lighter jail time sentence w/drug rehabilitation would be more reasonable. He stayed out of trouble most of his life, now because of a drug addiction his life is just thrown away.

Mar 4, 2015, 1:46pm Permalink
Peter O'Brien

Cocaine has a reputation for these action being associated with its users. He made the choice to take it. he made the choice to steal instead of checking into a rehabilitation clinic.

15 years for armed robbery is just.

Mar 4, 2015, 2:03pm Permalink
Scott Ogle

It is a harsh sentence. But *armed* robbery passes a sort of bar for me. It's a small act of terror. So I'm with Peter on this one. The sentence is just.

Mar 4, 2015, 2:17pm Permalink
Ed Hartgrove

TJC (or whatever your real name is) - perhaps you missed what was reported from http://thebatavian.com/howard-owens/suspect-says-out-control-addiction-…
It stated that, "In the first two robberies the suspect displayed what appeared to be a semi-automatic handgun. At the robbery Sunday, the suspect threatened the Days Inn clerk with a shotgun."
I would suggest that Mr. Maltese is extremely lucky to receive ONLY 15 years as punishment. If I'm reading today's article correctly, he could've gotten sentences of 40 years or more (had they been given consecutively). Not to mention, I'm guessing there are some people out there that, when threatened with a firearm, might've felt well within their rights to pull their own firearms and shoot.
I'd say he is getting off fairly lightly. He could possibly get out in 8-10 years, and then start putting his life on the right track.

Mar 4, 2015, 2:41pm Permalink
Tina Causyn

Whatever my name really is? OKAY.

Actually, yes I did miss that article. I apologize, not to you of course but to the other people who have made comments stating their opinions without being rude.

Mar 4, 2015, 3:07pm Permalink
Rich Richmond

The sentence was fair given his crimes and especially since he threatened an innocent person with a (shotgun) firearm.

If the shotgun went off accidently and he killed someone, dead is dead, intentional or not. Heroin addicts don’t make good decisions while under the influence or while needing a fix.

There are rehabilitation programs available on the outside he could have availed himself to for his heroin addiction, and he chose not to seek treatment. He will get treatment in Prison.

Mar 4, 2015, 3:20pm Permalink
Ed Hartgrove

Richard. I'm assuming (which can be dangerous) that you meant crack cocaine (not heroin) addiction. No biggie. I guess, if the "monkey on your back" is big enough, it doesn't matter which drug is causing such behavior.

Mar 4, 2015, 4:16pm Permalink
Steve Hackett

People who use drugs, make a choice to do so.....it in turn escalates into an addiction. He made that choice and with choices come consequences.....he will have plenty of time to think about the choices he made and maybe someday make better ones....justice served...

Mar 4, 2015, 8:10pm Permalink
Raymond Richardson

It doesn't really matter what drug one is addicted to, cocaine, heroin, it drives the person to do whatever they need to feed that addiction.

I know all to well what it can do to a person as my nephew is a heroin and crack addict, and is currently in jail on grand larceny and identity theft charges, in addition to his probation violation and an arrest out of Erie county this past January for possession of paraphernalia(hype kit).

It's devastating to not only the individual, but their friends and family as well.

Mar 5, 2015, 8:30am Permalink

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