Case against Sacco over

by Susan Mikula Campbell
Niagara Wheatfield Tribune, February 28, 2008

Former Town of Niagara Supervisor James A. Sacco has been given a delayed dismissal in the petit larceny case brought against him for the alleged theft of a political sign from current Supervisor Steven C. Richards.

“I am thankful this is over. However, I would have rather this gone to trial; then I would have the latitude to possibly collect for damages this has caused to my family and myself,” Sacco said.

He added that there were some points he wanted to prove, but “for the good of the Town, the case is closed as far as I am concerned.”

Sacco was arrested Dec. 18, 2006, after a witness reported that he saw Sacco take the sign. Sacco said he did not think the sign was a legally permitted sign.

Wheatfield Town Justice John Mattio granted the adjournment in contemplation of dismissal on the case on Feb. 12. According to Sacco’s attorney, Robert Viola, this matter will be considered a final dismissal in six months.

Under Criminal Procedure Law, “the granting of an adjournment in contemplation of dismissal shall not be deemed to be a conviction or an admission of guilt. No person shall suffer any disability or forfeiture as a result of such an order. Upon the dismissal of the accusatory instrument pursuant to this section, the arrest and prosecution shall be deemed a nullity and the defendant shall be restored, in contemplation of the law, to the status he occupied before his prosecution.”

Richards could not be reached for comment on the matter.