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Recently released ex-con, back in custody for attempted murder

A Buffalo man, just released from state prison in January, is now facing new charges of attempted murder and burglary, after a brutal attack at a chocolate shop Thursday afternoon.

49 year-old John Jaycox of Buffalo, who was just released from state prison in January, is now facing new charges of second-degree attempted murder and third-degree burglary, after a brutal attack Thursday afternoon.

Police arrested Jaycox shortly after the incident at the Choco-Logo Confectionary Design shop on Broadway, near Elm Street. The police report shows that Jaycox reportedly entered the store around 1:54 p.m. and attacked a 60-year-old woman working at the shop. Police say the attack appears to be random.

Jaycox allegedly hit the victim repeatedly with a wooden chair. Buffalo police also tell us that he reportedly punched, kicked, and choked her. We're told he even bit a chunk of flesh off her hand.

The police report shows the woman's son stopped Jaycox.

"Fortunately, her son walked into the business moments after the attack began," Buffalo Police Chief Joseph Gramaglia tells Channel 2, "and was able to take control of the suspect. And while holding on to him called 911."

Her son apparently held Jaycox there until police arrived. Buffalo Police say Little's mother is currently listed in fair condition.

According to the Department of Corrections and Community Supervision, Jaycox had just finished serving the entirety of his 20-year prison sentence. His sentence expired January 25, 2018 and he was released from Clinton Correctional Facility.

"Unfortunately this happened," said Chief Gramaglia, "and hopefully he'll be gone for a long time."

Jaycox was convicted in 1998 on first-degree robbery and third-degree burglary charges. According to Buffalo Police, it was a very similar attack to what happened on Thursday at Choco-Logo.

But according to the DOCCS, Jaycox got 17 years for the first-degree robbery charge and 3.5 - 7 years for the third-degree robbery charge. Those two sentences were to be added up and served consecutively.

We're told February 18, 2016, he had been released on parole because he had served 6/7 of his sentence and was eligible according to NYS State Law.

But he went back to prison July 12, 2016, for a parole violation of "threatening behavior."

This raised the question, "Why did Jaycox go back to serve a maximum sentence of 20 years, when his consecutive sentence was 24 years?"

Here's how the DOCCS explains it:

1. Jaycox pleaded guilty and was sentenced on Feb 25, 1998 to "3.5 - 7 years" for 3rd degree burglary (indeterminate sentence).

2. He pleaded guilty and was sentenced on August 21, 1998 to "17 years" for 1st degree robbery (determinate sentence)

According to New York State law, the total determinate sentence (17 years) added to the minimum indeterminate sentence (3.5 years) equals the full sentence served. So in Jaycox's case, that came to 20.5 years. And we're told by the DOCCS that this final number is unaffected by violation of parole or poor behavior in prison.

Jaycox is scheduled to return to court on Wednesday, March 21 at 9:30 a.m. for a felony hearing.

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