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Lucciano Spagnola .JPG

Lucciano Vincette Spagnola, 17, walks out of court on Tuesday after his arraignment in the death of Joshua Poole. Spagnola is charged with second-degree murder.

AUBURN — The 17-year-old defendant charged in the Nov. 15 death of Auburn resident Joshua Poole was rearraigned Tuesday afternoon.

Lucciano Spagnola, of 5 Bellevue Place, Auburn, waived his right to a preliminary hearing during his second arraignment in Cayuga County's Youth Part, a specialized court that handles cases involving defendants younger than 18 years old.

Spagnola is charged with second-degree murder in connection to the shooting death of 36-year-old Joshua Poole that occurred at 8 Delevan St., just off Genesee Street on the west side of Auburn.

Co-defendant Gage Ashley, 22, and Spagnola are the accused shooters. Ashley, of 7 Aurelius Ave., Apt. 3, Auburn, is charged with first-degree murder.

Unlike Ashley, Spagnola couldn't be charged with first-degree murder as a 17 year old, which is why he has the second-degree charge despite being an accused gunman. 

And the other defendant, Tyree Anglin, 19, of 119 N. Division St., Auburn, is charged with second-degree murder and first-degree attempted robbery. Anglin is accused of being a participant who was present in what police believe to be an attempted robbery.

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Spagnola is represented by attorney Ben Susman. Defense attorney Norman Chirco, who was also present at the arraignment, said during the public proceeding that he will be assisting Susman on the case.

Senior Cayuga County Assistant District Attorney Christopher Valdina said Spagnola's case will be presented before a grand jury. Chirco said during court that Spagnola would want to testify in front of the jury.

Judge Mark Fandrich, who was presiding over Tuesday's arraignment, scheduled Spagnola's next court appearance for Dec. 17 to check the status of the case.

Valdina said Spagnola was first arraigned Nov. 22 by Judge Thomas Leone.

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Staff writer Mary Catalfamo can be reached at (315) 282-2244 or mary.catalfamo@lee.net. Find her on Twitter @mrycatalfamo.

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