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Buffalo woman’s drug felony is dismissed

LOCKPORT – A Buffalo woman who successfully completed a court-supervised drug treatment program saw her felony heroin sales charge dismissed Wednesday by State Supreme Court Justice Richard C. Kloch Sr.

Amy E. Capozzi, 33, of Plymouth Avenue, had pleaded guilty last year to selling heroin to a police informant in North Tonawanda in March 2013.

“You saved yourself from a possible nine-year jail term,” Kloch told her. “I have tons of empathy for people who are drug addicts. I have zero empathy for people who are drug dealers.”

Peter S. Durie, 48, of Crescent Lane, Town of Lockport, found that out Wednesday. He withdrew his guilty plea to fifth-degree sale of painkillers after Kloch said he couldn’t keep his promise to place him on probation, because Durie had sold the drugs even though he wasn’t addicated to them. Durie argued that he needed to take the prescription painkillers or he’d be “deathly sick,” but Kloch ordered a trial on the original indictment for Oct. 11.