Former Sno Kone Joe driver charged with DWI

GLOVERSVILLE – A local ice cream truck operator who was accused of harassing a rival vendor last year in a case that received national media attention was charged Thursday morning with driving while intoxicated in the city, police reported.

Joshua V. Malatino, 35, of 410 N. Main St., was stopped at East Pine and South Main streets and failed a sobriety test, city police said.

Malatino had a blood-alcohol content of 0.12 percent and was charged with DWI, a misdemeanor, and driving with a blood-alcohol content greater than 0.08 percent. He also was charged with passing a flashing red light, police said.

He was released with tickets and is scheduled to appear in City Court on July 21.

Malatino and Amanda Scott previously were charged with second-degree harassment, a violation, and fourth-degree stalking, a misdemeanor, for allegedly harassing another ice cream vendor in the city. That case is scheduled to go to trial in August.

The pair, who operated the Sno Kone Joe ice cream vending business, were accused of harassing and stalking Mr. Ding-A-Ling driver Philip Hollister three times in April 2013. Police said Scott and Malatino followed the rival truck, played their music at a high volume and yelled that they had free ice cream in an attempt to draw customers away from the other truck. Authorities said Malatino told the Mr. Ding-A-Ling driver that Malatino’s business controls the ice cream sales market in the city.

In an unrelated incident, Hollister was later arrested and charged with driving the Mr. Ding-A-Ling truck while intoxicated. He was later fired from his job as a driver.