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LOCKPORT – A Niagara Falls man who tried to rob a convenience store while armed with a toy gun was sentenced Thursday to the maximum 1 1/3 to four years in state prison.

Niagara County Judge Matthew J. Murphy III told Jacob Briones, 21, of 19th Street, that he committed “a very violent act.”

Briones tried to rob the Indian General Store, 1611 Pine Ave., Niagara Falls, on Dec. 22, 2012. He lost his sweatshirt in a struggle with a store employee, and DNA from the shirt was used to arrest Briones, who pleaded guilty to attempted third-degree robbery.

Deputy District Attorney Doreen M. Hoffmann said the worker was still feeling the effects of being hit in the face during the struggle. Defense attorney Michael C. Schmahl said Briones was drunk and high on marijuana at the time.