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City police: New station hours (plus this week's charges)

By Philip Anselmo

Starting on September 1, the Batavia police station at 10 W. Main St. will only be open to the public from 8:30am to 4:30pm. A desk clerk will be on hand during those hours. A call box will be set up outside the station to contact dispatch at the Genesee County Sheriff's Office on Park Road. City police has also opened a new non-emergency number and for contacting police personnel: (585) 345-6444.


Derrick G. Ryzner, 19, of Pennsylvania, was charged with unlawful possession of marijuana Tuesday, Genesee County sheriff's deputies said. Deputies had responded to a suspicious vehicle complaint when they allegedly found the drugs in Ryzner's vehicle.


A couple's complaint about a stolen bank card and an account robbed of its funds led to charges against the couple themselves, Genesee County sheriff's deputies said. Twenty-five-year-old Jennifer and 23-year-old Christopher Cummings, both of Pavilion, were charged with third-degree falsely reporting an incident. After reporting the theft of bank card and money, deputies discovered that the two had allegedly taken their own money out of the bank and reported it stolen.

News roundup: Break in at the Le Roy Little League concession stand

By Philip Anselmo

Police in Le Roy are looking for anyone with information about an apparent break in at the Little League concession stand in the village, according to WBTA. At some point over the past few nights, someone had forced open the door and got inside. Anyone with information should call (585) 768-2527.

Assemblyman Steve Hawley told WBTA's Dan Fischer that most of the $450 million that the state legislature recently agreed to cut from its spending are "un-spent member items, the so-called pork that legislators use to win points with their local constituents." (Quote from Fischer.)

City police commended

By Philip Anselmo

Several members of the Batavia police department were recently rewarded with certificates of commendation for exemplary police service for their involvement in major cases.

Officer Frank Klimjack responded to a residential fire at 6 Pringle Ave. in September, 2006. On scene, Klimjack helped two children and their mother to safety, then directed fire and ambulance crews to the scene to save a child trapped in the residence.

Detectives Todd Crossett and Richard Schauf were commended for their participation in an investigation that started in June, 2007, and continues today that has led to the arrest of four men, so far, who were soliciting minors for sexual encounters on the Internet.

Detective Sgt. Patrick Corona, detectives Charles Dudek, Paul Caffo, Todd Crossett, Richard Schauf and officers Kevin Czora and John Peck were commended for their rapid apprehension of suspects and subsequent investigation and processing of evidence in the murder of Desean Gooch in October, 2006.

Officer Eric Hill, detectives Charles Dudek and Paul Caffo, Detective Sgt. Patrick Corona and Lt. James Henning were commended for their apprehension of a suspect in the robbery of Key Bank on Main Street. That arrest led to the confession by the suspect to several other bank robberies, including one in Rochester that had resulted in the incarceration of an innocent man.

Detectives Richard Schauf and Charles Dudek were commended for their investigation that led to the arrest earlier this year of the infamous Pillow Case Burglar.

In the photo above (from left): Det. Sgt. Patrick Corona, Det. Charles Dudek, Lt. James Henning, Officer Wayne Fenton, Det. Schauf and Officer Eric Hill.

News: City OKs plans for deli, ramps up drug enforcement

By Philip Anselmo

A Batavia detective will become a full-time member of the Genesee County Drug Task Force, according to the Daily News. This marks the first time since 2002 that a member of the city force joined up full-time on the multi-agency task force. Police Chief Randy Baker said he hopes the group will continue its focus on "the big guy," as well as the "smaller concerns of neighborhoods." At least, that's what I think he says. Here's the full quote, from reporter Scott DeSmit:

"We met and we wanted to refocus our efforts ... They were doing long-term investigations, focusing on getting the big guy rather than addressing the smaller concerns of neighborhoods. That's all tied together and that's what we're doing."

It's not clear if the chief is saying that the task force was concentrated on the big guy and now they will focus more on smaller concerns, or my interpretation up above. I phoned the chief to clear up the ambiguity. He was unavailable. I left a message.

UPDATE: Chief Baker did get back to me this afternoon to confirm that the second interpretation is correct, that the task force will do more to address the "smaller concerns."


Plans for the soon-to-be-built Sallome's Deli on Oak Street—check out their job listing on our site—were approved by the city planning board last night following a brief debate over the number of signs to be allowed. There's no mention of when the deli will open at 34 Oak St., but the hours will likely be from 8:00am to 8:00pm six days a week.


Richard J. Peters II, 18, of Batavia, was sentenced to 11 1/2 years in state prison for the rape of a four-year-old girl. Wyoming County Judge Mark H. Dadd added 20 years of post-release supervision. Peters could have faced up to 25 years in prison for pleading guilty to a felony county of first-degree rape and a felony count of first-degree criminal sex act.


As the wrecking ball gets set to smash Le Roy's historic Masonic Temple to the ground, Genesee County's Economic Development Center gets set to give Walgreens $122,375 in tax exemptions. The temple, a few neighboring retail spaces and a couple of homes around the corner are all being torn down to make way for the pharmacy chain.


Batavia's town planning board has determined that the Genesee Valley Agri-Business Park will have a "significant impact on the environment." A public hearing has been set for 7:00pm on September 16 at the town hall, 3833 West Main Street Road, for residents to hear about the impact and voice their opinions on the project. "The potential effects of constructing the Ag Park," writes Paul Mrozek, "include increased noise, odor and traffic and converting 200 acres of vacant land into an industrial park."

Potential lapse in non-emergency phone service for city police

By Philip Anselmo

The Batavia city police department may have an interruption in its non-emergency phone service (for line 345-6350) beginning Thursday morning at about 9:00am and lasting throughout the day. Crews are working to reroute the line to the 911 dispatch center located at the county sheriff's office on Park Road in anitcipation of the consolidation. Once the switchover is complete, calls to that number will go simultaneously to the Batavia police station and the sheriff's dispatch. If anyone has problems calling 345-6350 any time tomorrow, they are asked to use the new administrative number for the city police at 345-6444. It should be noted that all emergency calls should still go through 911.

On the Beat: Mayhem at Darien Lake

By Philip Anselmo

Genesee County sheriff's deputies were kept busy at last night's concert at Darien Lake. (Not that that should come as much of a surprise. It was the "Rockstar Energy Mayhem Concert," after all. Oh the capacities for loud rock to incite unsublimated aggressions!)

And aggressions there were aplenty: four charges of disorderly conduct, five charges of harassment, and one attempted assault on a police officer. One trespass, eight charges of underage possession of alcohol, one charge of unlawful possession of marijuana and three more of criminal possession of marijuana round out the list.

Jeremy P. Telvock, 32, of Auburn, is accused of attacking a sheriff's deputy while being escorted out of the venue. Telvock was charged with attempted assault on a police officer, resisting arrest and second-degree harassment. He was sent to Genesee County jail in lieu of $10,000 bail.

David M. Collandra, 23, of Renssalaer, was charged with trespass and sent to the jail in lieu of $500 bail. Collandra allegedly refused to leave the property.

The following were charged with disorderly conduct: Simon B. Gilly, 19, of Rochester; Patrick J. Brink, 34, of Auburn; Christopher R. Smith, 22, of Rochester; and Amy L. Sink, 32, of Yorkshire. Gilly and Brink were both sent to the jail in lieu of $500 bail.

The following were charged with second-degree harassment: Michael B. Mustillo, 26, of Depew; John D. Drexler, 42, of Webster; Thomas E. Leith, 20, of Gowanda; and Andrew D. Schoff, 25, of Brockport.

Fatal accident in Clarence

By Philip Anselmo

An East Amherst woman died yesterday after she was struck by a vehicle, state police said. Maureen P. Micks, 73, was attempting to cross Transit Road in the town of Clarence when she was hit. David E. Militello, 41, of East Amherst, was making a left turn onto Transit Road from North French Road when he say Micks crossing. He was unable to stop in time. Micks was taken to Millard Fillmore Suburban Hospital where she was later prnounced dead as a result of the collision.

Anyone who may have witnessed the accident should contact the state police in Clarence at (716) 759-6831.

On the Beat: Enforcement detail

By Philip Anselmo

A multi-agency enforcement detail including Genesee County sheriff's deputies and city police officers set up in the south-east section of the city Thursday. twenty uniform traffic tickets were issued. Five people were charged with unlawful possession of marijuana: John P. Wittkopp, 25, of 124 Osterhaut Ave.; Robert K. Neaman, 20, of Bethany; Elliott Hickman, 17, of 26 Ganson Ave.; Derek McQueen, 21, of Corfu; and Keesta Z. Skellon, 30, of 665 Ellicott St., who was also charged with trespass. Willie J. Shannon, 52, of 101 Harvester Ave., was also charged with trespass. Jerad M. Stalker, 24, of Alexander, was charged with possession of a hypodermic needle.


Leroy S. Crandall Jr., 61, of Corfu, was charged with driving while intoxicated Saturday following a traffic stop on Alleghany Road in Corfu, Genesee County sheriff's deputies said. He was also ticketed with improper left turn.


David L. Good, 21, and Eric A. Ernestine, 18, both of Liverpool, were charged with disorderly conduct Sunday night after they were evicted from Darien Lake, Genesee County sheriff's deputies said. Good and Ernestine allegedly cursing at the security guards while being escorted out of the park. Good was also charged with two counts of second-degree harassment. Deputies were told that he pushed the security guards and resisted arrest.


Adam M. Zastrocky, 24, of Bergen, was charged with seventh-degree criminal possession of a controlled substance Saturday, Genesee County sheriff's deputies said. Zastrocky was observed "acting suspiciously" in a parking lot in the village. With him was Edward W. Zastrow, 27, of Bergen, who was charged with public lewdness. Zastrow was allegedly urinating in public.


Brandon C. McCoy, 17, of Kelsey Road, Batavia, and Tara A. Trommetter, 17, of Corfu, were charged with unlawful possession of marijuana Wednesday, Genesee County sheriff's deputies said.


David J. Newton, 26, of Rochester, was charged with petit larceny Saturday, Genesee County sheriff's deputies said. Newton was accused of stealing merchandise from a shop in Darien Lake.


Bobby L. Mobley, 49, of 8 Central Ave., Batavia, was charged with second-degree criminal contempt Saturday night, city police said. Mobley is accused of violating an order of protection.

Arrests: August 11 and August 13

By Philip Anselmo

Robert J. Kotarski Jr., 39, of Alabama, was charged with a felony county of criminal sexual act in the second degree Wednesday, Genesee County sheriff's deputies said.

Kotarski is accused of performing oral sex on a female under the age of 15 on five separate occasions between 2005 and 2006. He was released under the supervision of Genesee Justice and will reappear at a later date to answer the charges.


Joseph A. Hernick, 59, of Stafford, was charged with second-degree harassment Wedensday, Genesee County sheriff's deputies said. Hernick allegedly punched his neighbor in the head while he was mowing his lawn. An order of protection has been issued on behalf of the victim.


Twenty-one-year-old Joseph J. Alba, of Akron, was charged with petit larceny Monday, Genesee County sheriff's deputies said. Alba is accused of reaching into a Dip-N-Dot vending stand at Darien Lake and stealing a handful of Dip-N-Dots valued at approximately $1.

All above releases were reported in published releases by the sheriff's office.

News roundup: Consolidation

By Philip Anselmo

Consolidation between the Genesee County Sheriff's Office and the City of Batavia Police should go through by the end of the month, according to the Daily News. The county legislature approved a $76,000 capital project at its meeting last night—$9,926 of that will be paid by the county, the rest covered by a state grant.

In an article by Joanne Beck, City Council President Charlie Mallow says that a question initially posed for the city's board of ethics—does Councilman Bob Bialkowski have a conflict of interest regarding votes on the mall—will now be taken up by the county board of ethics. City Attorney George Van Nest "submitted the matter to the county's board within the last week, Mallow said. However, the county's Clerk of the Legislature Carolyn Pratt says that the county board cannot act "on any issue from a municipality that has already established an ethics board," and the city has its own board. I called Van Nest to ask him if this means that the county board will not hear the matter, but he declined to comment. It was the most simple question I thought to ask, and really beats at the heart of the whole article. If the county board of ethics can't meet to discuss this: first, why is it news? And second, why would Van Nest ask them to meet?

For more fun and informative articles just like these, be sure to get out and pick up your very own copy of the Daily News. Or, better yet, subcribe at BataviaNews.com.

News roundup: New cop cars, same old criminals

By Philip Anselmo

Daily News reporter Scott DeSmit profiles the city police department's new patrol cars in an article on today's front page. His take: they're all about "keeping a low profile." That means no flashy lights on the roof. Why? Officers hope the bare car top will "allow them to blend in more with traffic in an effort to catch violators."

"People engaged in criminal activity or violating traffic laws tend to scan traffic looking for that light bar," Officer Wayne Fenton said. "Taking the light bar away allows the car to blend in with the rest of traffic."

Except, of course, for the flashy lettering and block-letter 'POLICE' decal on the side of the car. For catching drivers who only get that cursory glance over traffic, I suppose it could help fight the speeders on residential streets. The $23,000 cars do come with lights, it should be noted: strobes.

Of course, no slick, pseudo-undercover makeover is going to make a cop's life any easier.

Take their stroll through the junior rapids of Tonawanda Creek this morning in pursuit of an alleged shoplifter. Just shy of 9:00am this morning, police responded to a larceny call at the Sugar Creek Store on West Main Street. On scene, Scott DeSmit tells us, one of the officers "shagged the man from a grove of trees behind the store"—fantastic description. The man then ran into the muddy, burbling Tonawanda Creek. Lt. Eugene Jankowski said the man nearly drowned! But they picked him up and brought him down to headquarters for processing.

What was he accused of stealing? Two beers.

For other fascinating news stories, be sure to pick up your own copy of the Daily News wherever they are sold. Or, better yet, subscribe at BataviaNews.com.

Police Blotter: August 11

By Philip Anselmo

Genesee County sheriff's deputies report that three people were charged with unlawful possession of marijuana in the town of Pembroke Monday. They are: Michelle M. Eleczko, 20, of Corfu; Jennifer L. Wagner, 19, of Akron; and Cassandra M. Martin, 20, of Akron.


Scott M. Florian, 40, 8317 Slusser Road, Batavia, was charged with driving while intoxicated and another count of aggravated DWI Monday night in the town of Pembroke, Genesee County sheriff's deputies said. Florian was also ticketed with failure to keep right.


Mark C. Johnson, 46, of Oakfield, was charged with seventh-degree criminal possession of a controlled substance Monday, according to the Genesee County Local Drug Enforcement Task Force. A search of Johnson's residence in June found what was later confirmed to be cocaine.


Debrah A. Butler, 40, of Elba, was charged with two counts of felony falsifying business records and two counts of petit larceny, a misdemeanor, Monday following an investigation into a theft at Elba Yellow Goose, Genesee County sheriff's deputies said. Butler was an employee of the Yellow Goose and is accused of stealing three money orders and allegedly trying to conceal the theft by making false entries in the company business records.

All above incidents were reported in published releases from the departments listed.

News roundup: Kirkup says wife's death was in self-defense

By Philip Anselmo

Robert Kirkup pled guilty to manslaughter in Genesee County Court Monday, according to the Daily News. The 68-year-old California man was brought to New York on an arrest in June when he was charged with the murder of his wife, Janet, in the town of Darien during a camping trip 16 years ago.

Scott DeSmit reports that Kirkup faces between five and 15 years in state prison. He will be sentenced in September. DeSmit was in the courtroom when Kirkup was brought before Judge Robert C. Noonan, and he does a great job of bringing out the details of that public confession.

DeSmit writes that Kirkup "was barely able to stand" in the courtroom when he admitted his guilt.

His wife, he said, had been drinking beer all day and at one point in the evening "came inside the motor home and started yelling and punching me."

"I was unfaithful to Janet back in the '80s and whenever she drank alcohol, she would start fighting with me and bring that up," Kirkup wrote. "Janet came after me, punching me in the face. She broke my glasses."

"I then grabbed Janet by the throat with my right hand. We both struggled a bit and she ended up on the floor ... I held on to Janet by the throat until she stopped struggling with me."

Kirkup told the judge that he then covered up the body and slept on the couch.

"I grabbed Janet under the arms and dragged her out of the motor home ... I dragged her about 100 yards into the woods. I dug a hole about two to three feet deep ... I put Janet in the hole face up then covered her body with dirt and left."

He admitted that he was afraid he would go to jail if he told the truth about what happened and that "no one would believe that I killed her in self defense."

You can pick up a copy of the Daily News at any local newsstand. Or, better yet, subscribe at BataviaNews.com.

More on the Honeymoon behind bars...

By Philip Anselmo

Rochester's Democrat & Chronicle dug up some more details about the incarceration over the weekend of a Batavia groom who was barred from contact with the woman he married.

Batavia police reported yesterday that Timothy T. Cole, 45, of 16 Walnut St., Batavia, was charged with a felony count of first-degree criminal contempt Friday night following his wedding.

Cole was sent to Genesee County Jail in lieu of $2,500 bail, and it turned out that this was not the first time he had been picked up for violating a court order of protection.

From the Democrat & Chronicle:

According to Batavia City Court documents, Cole was charged with second-degree criminal contempt on July 1, meaning that he violated a previous court order. The July 1 order of protection required Cole to stay away from the woman he ended up marrying Friday.

The order, which also mandated that he stay away from the woman's home, school, business and place of employment, was effective until July 1, 2011. Cole was required to "refrain from communication or any other contact" with the woman.

It turned out that police were alerted to the contact because of an alleged altercation at Cole's residence. When police arrived on the scene they allegedly found Cole in a fight with a guest "over a chair." The subsequent charge of criminal contempt was levied when Cole's record was checked and police discovered that his new wife had an order of protection.

Cathy Mazzotta, executive director of Alternatives for Battered Women in Rochester, was not familiar with Cole's case but said women who have orders of protection against men sometimes end up having contact with them for various reasons.

"Victims have the same hopes and aspirations we all have," Mazzotta said. "They are hopeful their abusers will change ... and believe their promises. They are looking toward the future in a positive way."

On the Beat: Not exactly a Honeymoon

By Philip Anselmo

A local groom spent his honeymoon in jail this weekend. Forty-five-year-old Timothy T. Cole, of 16 Walnut St., Batavia, was charged with a felony count of first-degree criminal contempt Friday night following his wedding, city police said. Police responded to a report of a domestic dispute and allegedly found that Cole had married "the very same person that he was barred from going near." He was sent to Genesee County Jail without bail.


Jamie M. McGiveron, 32, of Akron, was charged with felony driving while intoxicated following a crash in the town of Pembroke Saturday afternoon, Genesee County sheriff's deputies said. McGiveron allegedly drove into a home on Indian Falls Road, then into and out of a cornfield and back out onto the road. He suffered minor injuries but refused medical treatment.

McGiveron was sent to Genesee County Jail in lieu of $2,500 bail. He was also ticketed with failure to keep right, driving left of pavement parkings and moving from the lane unsafely.


Kelly J. Spenton, 35, of Oakfield, was charged with two counts of endangering the welfare of a child, Genesee County sheriff's deputies said. Spenton is accused of interfering with an investigation conducted by the Department of Social Services Child Protection Services during the month of July.

Weekend Arrests: August 8 and August 9

By Philip Anselmo

An undercover Batavia police officer posing as a 15-year-old boy has led to the arrest of 44-year-old Dalton E. Wilke, of Conesus, who has been charged with persuading or enticing a minor to engage in sexual activity. Wilke could face between 10 years and life in prison and a fine of up to $250,000. He was detained Friday.

Wilke is alleged to have engaged with the undercover officer in online chats between March and August, during which he made arrangements to meet with the 15-year-old in Batavia to engage in sexual activity. He was apprehended in Batavia while travelling to meet the individual he believed to be the 15-year-old boy.


Craig E. Pokornowski, 18, of Buffalo, was charged with fourth-degree criminal possession of a weapon Friday, Genesee County sheriff's deputies said. Deputies were told that Pokornowski was involved in a domestic incident at a home on Route 20 in the town of Darien that evening and was allegedly later discovered to be in possession of metal knuckles.


Philip S. Hall, 21, of 313 Bank St., Batavia, was charged with driving while intoxicated early Saturday morning, Genesee County sheriff's deputies said. Hall was stopped by deputies on Route 33 in the town of Batavia. He was also ticketed with operating with more than three passengers in the front seat.


Cory W. Swimline, 23, of Pembroke, was charged with driving while inoxicated early Saturday morning, Genesee County sheriff's deputies said.  Swimline was stopped by deputies on Route 5 in the town of Batavia. He was also ticketed with failure to keep right and possession of alcoholic beverage in a motor vehicle.

All of the above arrests were reported in published releases by the departments.

Arrests: August 6 and August 7

By Philip Anselmo

Eric M. Doud, 33 of Stafford, was charged with second-degree criminal contempt Wednesday, Genesee County sheriff's deputies said. Doud allegedly violated an order of protection during a domestic dispute in Batavia. He was sent to Genesee County Jail in lieu of $250 bail.

Joseph R. Lantz, 21, of Perry, was charged with second-degree criminal contempt Thursday, city police said. Lantz allegedly violated an order of protection by visiting a residence on Main Street in Batavia.

News roundup: A fowl spill (updated)

By Philip Anselmo

Thousands of live chickens spilled from their crates onto the state Thruway yesterday when a truck carrying nearly 10,000 of them overturned at the Route 190 off-ramp in Erie County. WBTA's Dan Fischer spoke with state police who said they had never seen anything like it. Dozens Thousands of chickens were killed. Many others were taken to the Erie County Society for the Prevention of Animal Cruelty. The truck driver was ticketed with unsafe lane change.

UPDATE (9:18am): The Buffalo News ran a full story on this sad crash—the photographs and video are unsettling. It turns out that not dozens but thousands of chickens died, either at the scene or later by euthanization. From that article:

Gina Browning, the public relations director of the SPCA in the Town of Tonawanda, described a grim scene of blood and broken eggs inside the SPCA facility.

“In 18 years [working at the SPCA], I can tell you I’ve never seen anything of this magnitude,” Browning said.

The facility closed 2 hours early to make room for the birds. SPCA officials used the auditorium and the garage to fit all the crates.

“It’s mortifying,” employee Julie Ruppel said. “It’s unimaginable what we’re seeing.”


In other news, Batavia's Rotary Club will be holding auditions for its upcoming musical production of Singing in the Rain. Auditions for the November performance will be held on September 3, 4 and 5 in the Batavia High School from 7:00 to 10:00pm.

On the Police Beat

By Philip Anselmo

An investigation into the impersonation of a state police investigator has yielded an arrest for troopers in Clarence. Patrick T. Fuhr, 49, of Franklinville, was charged with five counts of second-degree criminal possession of a forged instrument and first-degree criminal impersonation, both felony counts. Investigators were alerted to the potential impersonation when an area rental car agency reported "a suspicious subject attempting to obtain a billing account for rental cars." That "subject" had identified himself as police officer Patrick T. Frank, a senior investigator with the New York State Courts Domestic Abuse Unit.

Police allegedly found Fuhr in possession of counterfeit identification cards that bore the identity of the fictitious officer Frank. It is alleged that Fuhr used the false identity to obtain approximately 22 rental cars from a different rental car agency.

Investigation continues, and further charges are pending.


Meanwhile, troopers in Boston, N.Y., are looking for information related to the theft of a safe from the Land Masters Group landscaping company, located at 3021 Transit Road in Elma. The incident occurred between the hours of 3:00pm, Sunday, and 7:00am, Monday. Anyone with information should contact the state police in Boston at (716) 941-9300.


In Batavia, the Genesee County Local Drug Taskforce announced an arrest made Friday at the home of Jeffrey Plath, 44, of 12 Hutchins Place, Batavia. Plath is accused of selling handguns, which he legally possessed, to individuals who did not have gun permits in exchange for money or illegal drugs. An undercover member of the taskforce purchased one handgun from Plath. Another was recovered in the city of Rochester. The county force was joined in the investigation by the Bureau of Alcohol Tobacco and Firearms in Rochester, where Plath will be tried on federal charges.

All of the above arrests were reported in published releases from the departments.

Arrests: August 5

By Philip Anselmo

Genesee County sheriff's deputies reported the arrest of a Batavian man on a felony count of second-degree criminal possession of marijuana today. Randy L. Leach, 22, of 612 Ellicott St., was apprehended by deputies at the intersection of West Main Street and Vernon Avenue in the city. Leach was a passenger in a vehicle that was stopped around 2:30am this morning. Deputies allegedly found him in possession of 22 ounces of marijuana.

The driver of the vehicle, Thomas J. Mitchell, 19, of 29 Walnut St., was charged with driving while ability impaired by drugs and third-degree unlicensed operator. Deputies allege that Mitchell does not have a New York driver's license. He was also ticketed with unawlful possession of marijuana, unlicensed operator, unlawful tint and improper left turn.

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