A 44-year-old State Street man admitted in court to stealing $344.50 from the Days Inn in Batavia in October, but as part of a plea deal may with have an opportunity to enter a judicial diversion program.
It will be up to Judge Charles Zambito to decide whether Thomas P. Moynihan can enter a substance abuse program following a report by probation officials to determine his potential eligibility for the program.
Moynihan is due back in court Jan. 3 to hear Zambito's decision.
If Moynihan successful completes the program, his felony charge could be reduced and he would be eligible for probation with no jail time.
If he doesn't successfully complete the program, he would be looking at a prison term of two to seven years.
Moynihan has no prior prison record.
He was arrested by Batavia PD after he went into an area designated for employees at the Days Inn, confronted an employee, demanded money, and then fought with the employee before fleeing.
The employee was not hurt in the incident.
Today he entered a guilty plea to robbery in the third degree.
