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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

Wednesday, July 20, 2016

Franklinville Man Pleads Guilty To Gun Charge; Violating Supervised Release

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051 

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Salvatore Faliero, 53, of Franklinville, NY, pleaded guilty to being a felon in possession of a firearm before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. In addition, the defendant, who is currently on federal supervised release following a 2009 conviction of accessory after the fact, also plead guilty to violation of supervised release which could carry an additional 24 months in prison.    

According to Assistant U.S. Attorneys Michael J. Adler and Thomas S. Duszkiewiz, who handled the case, on November 29, 2015, New York State Troopers began investigating a complaint that the defendant was shooting a firearm from his vehicle.

• One witness stated that Faliero admitted to him that he had shot a gun.
• Another witness stated that on December 1, 2015, he saw the defendant put a gun into his vehicle.
• On December 3, 2015, troopers received another report of the defendant using a firearm. 

Soon after this third complaint, troopers observed the defendant driving his red Honda CRV and stopped the vehicle. Troopers discovered a loaded Marlin, Model 336W, 30-30 caliber lever action rifle on the back seat of the vehicle. Ammunition for the firearm was found on the center console. Faliero admitted that he had been using the rifle.

In September 1985, the defendant was convicted in state court of Attempted Criminal Possession of a Controlled Substance. In October 1998, Faliero was convicted in Cattaraugus County Court of Attempted Burglary followed by his 2009 federal conviction.  As a result, the defendant is prohibited from legally possessing a firearm.

The plea is the culmination of an investigation by the New York State Police, under the direction of Major Steven Nigrelli and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid. 

Sentencing is scheduled for October 26, 2016 at 11:00 a.m. before Judge Skretny.

Updated July 21, 2016