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Published: May 10, 2008 04:01 am    print this story   email this story  

Suspect fights to stay in N.J.

By Patricia Breakey
Delhi News Bureau

DELHI _ The New York City man being held in Hackensack, N.J., on a second-degree murder charge in connection with the stabbing death of a SUNY Delhi student will not be returned to Delhi before next week.

Officials there said Friday that he has not yet waived extradition.

Jose Antonio Lambert, 22, is being held at Bergen County Jail on an arrest warrant issued by Delhi Town Justice Richard Gumo.

Lambert is charged in the death of Tyshawn Bierria, 22, of Queens. Bierria died May 1 after being stabbed multiple times on the State University College of Technology at Delhi campus in the early hours of April 27.

Delaware County District Attorney Richard Northrup said Friday that he was told that Lambert was appearing in a New Jersey court Friday afternoon for extradition proceedings.

A Delaware County grand jury handed up a sealed indictment last week, but Northrup would not comment on whether it is connected with Bierria's murder. An indictment is sealed, he said, when a defendant has not yet been brought before a local court for arraignment.

Northrup said he expected Lambert to appear in Delaware County Court for arraignment when he is returned.

A Delhi Town Court official said defendants are usually arraigned in town court when the town justice issues a warrant.

Four other men had been charged with first-degree gang assault, a class B felony, and one count of second-degree attempted murder, a class B felony, in connection with Bierria's death, but they were all released after the grand jury issued no bills for a lack of evidence.

Bierria was a second-year individual studies major with enough credits to graduate. He was injured during what appears to have been a brawl with several people at about 4:30 a.m. April 27 near Russell Hall, according to officials.

___

Patricia Breakey can be reached at 746-2894 or at stardelhi@stny.rr.com.

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