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Newfane man heads to prison after drug diversion failure

LOCKPORT – A Newfane man who washed out of the judicial diversion program of court-supervised drug treatment was sentenced Monday to four years in state prison and two years of post-release supervision.

Niagara County Judge Matthew J. Murphy III imposed the sentence on Dylan J. Simons, 21, of Ridge Road, who pleaded guilty in May to fourth-degree criminal possession of a controlled substance. He had 0.15 ounces of cocaine and assorted other drugs in his backpack when deputies arrested him July 23, 2014, at the Tim Hortons in Wrights Corners.

Meanwhile, in an unrelated case, Phillip S. Muzzy Jr., of South Park Avenue, Lackawanna, experienced the positive side of diversion. His burglary conviction was reduced to a criminal trespass misdemeanor Monday by Niagara County Judge Sara Sheldon, who said she will give Muzzy a conditional discharge if he obtains a high school equivalency diploma by Jan. 11.

Muzzy took part in a break-in at a convenience store on River Road in Wheatfield April 23, 2013. Muzzy also went through diversion in Erie County, where he was recently placed on three years’ probation, Assistant Public Defender Matthew P. Pynn said.