SILVER CREEK, N.Y. (WIVB) — The charges against a Silver Creek man who faced the first ever SAFE Act conviction have been dismissed.

Benjamin Wassell appeared in Chautauqua County Court on Monday morning.

In 2014, Wassell was convicted of selling two of his own assault weapons to an undercover investigator.

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The New York State Supreme Court appellate division overturned his conviction back in April.

Monday’s decision means Wassell cannot be re-tried for the crime.