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Falls man wins, Lockport man may lose in drug diversion cases

LOCKPORT – State Supreme Court Justice Richard C. Kloch Sr. dismissed all charges Friday against a Niagara Falls man who succeeded in the judicial diversion program of court-supervised drug treatment.

Anthony Z. Ferguson, 35, of Ferry Avenue, pleaded guilty two years ago to having cocaine with the intention of selling it April 28, 2013, in the Falls. He beat his drug problem and now is working 12-hour days at a Falls restaurant.

Ferguson risked a 12-year prison term if he had failed, and that is the maximum penalty now facing Maurice Mackey, 34, of Chapel Street, Lockport, who failed to complete diversion within the two-year time limit. Kloch scheduled sentencing for Aug. 5, in effect giving Mackey more time. “This is called bending over backwards,” the judge said. Mackey pleaded guilty two years ago to intending to sell cocaine in the Falls on Aug. 26, 2011.