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Duck owner's case continued so he can hire an attorney

By Howard B. Owens

In the other bird matter on the Batavia City Court docket this morning, Oak Street resident Ron Graziaplena appeared before Judge Robert Balbick to answer to charges that his duck pond is in violation of a variance permit.

Graziaplena is also accused of various other code violations.

After entering a not guilty plea, Graziaplena was informed that he was entitled to an attorney to represent him in the matter.

Graziaplena asked for a continuance of his case to Aug. 20 so that he get an attorney.

"I don't know who I'm going to get," Graziaplena.

He said he couldn't afford an attorney, but Balbick said that because these alleged violations are not under penal law, Balbick couldn't offer a court-appointed attorney.

Previously: Dispute over ducks, other complaints, has Oak Street man headed to court.

Gabor Deutsch

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Jul 23, 2010, 4:27pm Permalink
dave pariso

First of all who cares if there is a duck pond in this guys yard? Not me. What I care about is the tax payers of Batavia/Genesee county who will be paying for his court appointed lawyer!!!!!!!!!!!

Jul 23, 2010, 4:49pm Permalink
Elizabeth Wilson

Cute Video -

Dave - According to Howard's article the gentleman can not have a court appointed lawyer due to the fact the violations he is charged with do not fall in the penal law.

Jul 23, 2010, 5:14pm Permalink
joseph bradt

Dave, Read the article again...

He said he couldn't afford an attorney, but Balbick said that because these alleged violations are not under penal law, Balbick couldn't offer a court-appointed attorney.

Jul 23, 2010, 5:16pm Permalink
Bea McManis

Dave, where did you get the info that the taxpayers are providing him a lawyer? The article said he didn't qualify for one. Do you know something we don't know?

Jul 23, 2010, 5:24pm Permalink

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