Man found stuck in pizzeria duct pleads not guilty to burglary

PHOTOGRAPHER: Steven Cook

The man accused of trying to break into a Rotterdam pizza shop, only to get stuck in the restaurant’s duct system, appeared in court Friday morning, acknowledging to a judge that he knows the charges against him are serious.

Meanwhile, the pizza shop he is accused of breaking into, Paesan’s Pizza on Guilderland Avenue, is trying to use the incident to its advantage, naming a 14-inch cheese pizza “the break-in special” in its honor.

Timothy Cipriani, 46, of Campbell Road, was indicted this week on one count each of third-degree burglary, third-degree criminal mischief and possession of burglar’s tools.

He was arraigned Friday, formally pleading not guilty. He is represented by attorney Lauren Mack.

Cipriani was found March 18 stuck in a ventilation shaft leading to the roof of Paesan’s Pizza on Guilderland Avenue.

His struggles eventually triggered the fire alarm and Cipriani begged arriving police and firefighters to get him out, as he worried about burning to death.

Firefighters got him out, then police arrested him.

Cipriani’s picture was all over the local media and worldwide on the Internet as the incident gained national and international attention. Pictures released by police showed a forlorn-looking Cipriani, his face and shirt smeared with grease from the vent. Another photo showed his legs dangling out of the vent above the shop’s fryers.

In the criminal case, prosecutors have suggested the latest arrest could mean a stiffer sentence for Cipriani, who has spent half of the past two decades in prison on four separate burglary sentences.

That past was referenced in court Friday in the form of his parole. Cipriani told acting Schenectady County Court Judge Richard Giardino that he was to be on parole through 2020.

Mack clarified that parole terms are served consecutively.

With a parole hold keeping Cipriani in jail, Giardino did not entertain a bail application on the burglary count, though he said an application could be brought later, if the parole hold was lifted.

During the appearance, Cipriani also told the judge that a parole violation hearing has already been held. The finding essentially defers to any criminal sentence, Cipriani said, because that would far exceed the penalty for the violation.

It was a somewhat conversational court proceeding, as is Giardino’s style. The judge asked Cipriani if he was related to another Cipriani, who’s had his own legal troubles, and he answered that it was his brother.

“I couldn’t tell if you were brothers from the picture in the paper,” Giardino told Cipriani.

“He’s doing very well, your honor,” Cipriani said, answering Giardino’s original question.

At the pizza shop, general manager Josh Risko said Friday the incident remains a frequent topic of conversation, especially with their newly named special.

“Pretty much every customer that comes in is talking about it, asking which vent it was, and making jokes asking if anyone’s broken in since,” Risko said.

They’ve also made posters advertising the pizza special. “Everyone loves it,” he said.

At the conclusion of Friday’s court appearance, Giardino attempted to make sure Cipriani knew the gravity of the situation.

“You know this is pretty serious stuff?” Giardino asked.

“Yes, I do your honor,” Cipriani responded.