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Ex-chairman avoids jail over petitions

Published:November 25, 2009, 7:04 AM

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Updated: August 21, 2010, 3:15 AM

Former Cattaraugus County Democratic Chairman Daniel M. McCandless on Tuesday received a one-year conditional discharge, was fined $500 and was ordered to perform 100 hours of community service after pleading guilty to election law violations in September.

McCandless, who could have received up to a year in jail for each of the three convictions, was sentenced by Judge Larry M. Himelein in County Court in Little Valley.

He was convicted of forging signatures on designating petitions for Democratic candidates in the Town of Franklinville and then signing documents indicating that the signatures were authentic.

The case originated with complaints registered with the county Board of Elections by County Legislator Jerry E. Burrell, R-Franklinville, who also asked the State Police to launch an investigation soon after the July 16 date for submitting the petitions. After District Attorney Edward M. Sharkey recused himself from the case because he was running for reelection this year, Himelein appointed Erie County District Attorney Frank A. Sedita III as special prosecutor.

Sedita was represented in court Tuesday by one of his top assistants, Assistant District Attorney Michael J. Flaherty Jr. Defense attorney Gerald Zella appeared for McCandless.

Sedita said in September that he was reluctant to prosecute most election law cases because he lacked the time and staff to investigate them, especially in light of more pressing matters involving crimes that are more serious or violent. But he also said he accepted the role of special prosecutor in the McCandless case because the State Police conducted most of the investigation.

“The larger issue is not that the DA will not take it,” he said then. “They give us the evidence, and we’ll prosecute anyone.”

McCandless, a Town of Franklinville resident who works as a Buffalo News distributor in Cattaraugus County, resigned as party chairman July 27 as the probe intensified.

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