LOCKPORT – A man who had pleaded guilty to third-degree burglary was allowed to withdraw his plea Wednesday, after the judicial diversion program of court-supervised drug treatment rejected him because he is a Level 3 sex offender.
Benjamin N. Carter, 26, of Lewis Street, Lockport, had been assigned to diversion by State Supreme Court Justice Richard C. Kloch Sr. June 30 in connection with a Feb. 17 break-in on Washburn Street in Lockport. However, Carter is on the sex offender registry because in 2006, when he was 18, he had sex with a 15-year-old girl. Carter pleaded guilty at the time to sexual misconduct, a misdemeanor, and serveed three months in the Niagara County Jail.
The burglary case, to which Carter had pleaded guilty before being indicted, will return to the court calendar later this month.