The ice cream parlor owner charged with selling cocaine from his popular shop has five drug-dealing convictions in New Jersey

The ice cream parlor owner charged with selling cocaine from his popular shop has five drug-dealing convictions in New Jersey, prosecutors told Clarkstown Justice Howard Gerber, who refused to grant bail for Patrick Kilduff during a court appearance Friday.

A grand jury Monday will hear the Clarkstown police charges accusing Kilduff of selling cocaine and other drugs out of his Wally's Ice Cream Parlour.

A staple in the downtown business district for years before it was raided by police Tuesday, Wally's drew teenagers and parents with their small children. The store's front patio was a gathering place for customers on hot afternoons and warm evenings.

On Friday morning, Kilduff, 36, stood with his wrists shackled at the waist next to his lawyer, public defender Walter Sakowski. Kilduff didn't speak during the session.

Sakowski and prosecutor Robert Trudell agreed the judge could not set bail based on Kilduff's New Jersey convictions. He also had a conviction for possessing hypodermic needles in Myrtle Beach. S.C.

Gerber told the lawyers that he couldn't consider setting bail because he didn't have Kilduff's entire criminal record.

"He has five felony convictions in the state of New Jersey," Trudell told Gerber on Friday, urging the judge to keep Kilduff in jail.

"If the court has an alternative or disagrees, the people request $250,000 bail," Trudell said.

Kilduff's record goes back to at least December 1998 when he and a New City man were arrested on drug-possession charges — 850 diazepam (Valium) pills in Mahwah, N.J. He also was charged as recently as 2007 with drug counts in New Jersey.

Kilduff was released from probation last summer on his latest New Jersey conviction, Rockland District Attorney Thomas Zugibe said.

If the grand jury doesn't return an indictment Monday, Kilduff will be brought back to court in the afternoon for a hearing on whether he still can be held. A felony indictment would move the prosecution from Town Court to the criminal court in the Rockland County Courthouse.

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