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LOCKPORT – A man who robbed a Sanborn drugstore Sept. 28 intends to plead guilty, his attorney said in Niagara County Court Friday, but it’s still uncertain what the charge will be. Judge Matthew J. Murphy III ordered the sides back to court March 1.

Assistant District Attorney Brian E. Seaman said Nicholas E. Patterson, 27, of Mount Hope Road on the Tuscarora Indian Reservation, stole a quantity of fentanyl from the CVS store at Saunders Settlement and Cambria-Lewiston Townline roads. He was arrested two days later.

Attorney Herbert L. Greenman said Patterson will plead guilty, but first he wants to be screened for the judicial diversion program of court-supervised drug treatment.

If he’s accepted into that program, he must plead guilty to a nonviolent crime to qualify, so the charge would be third-degree grand larceny. If he’s rejected, he will plead to third-degree robbery, a violent felony. The amount of restitution to CVS is still undetermined, Seaman said.