LOCKPORT – A North Tonawanda man who pleaded guilty in 2011 to felony possession of heroin was allowed to reduce his plea to a misdemeanor Friday after he succeeded in the judicial diversion program of court-supervised drug treatment.
Kenneth R. Heath, 35, of Falconer Street, pleaded guilty to seventh-degree criminal possession of a controlled substance and was scheduled for sentencing April 12. He will receive no worse than three years’ probation, with the time in the program counting toward the sentence.
Niagara County Judge Sara Sheldon Farkas said a report she received called Heath “the epitome of someone for whom the judicial diversion program was created.”
Heath was arrested in a car outside his home Sept. 9, 2011, where police found 19 bags of heroin. He pleaded guilty to third-degree criminal possession of a controlled substance and faced up to 12 years in prison if he had failed in the treatment program.