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PEOPLE v. DeYOUNG

2010-06761.

95 A.D.3d 71 (2012)

940 N.Y.S.2d 306

2012 NY Slip Op 2112

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES DeYOUNG, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 20, 2012.

Attorney(s) appearing for the Case

Warren Redlich , Albany, for appellant.

Francis D. Phillips II , District Attorney, Middletown ( Elizabeth L. Guinup and Andrew R. Kass of counsel), for respondent.

SKELOS, J.P., DICKERSON and LEVENTHAL, JJ., concur.

OPINION OF THE COURT

LOTT, J.

On this appeal, the defendant contends that the County Court improperly denied his application to participate in judicial diversion pursuant to CPL article 216, which was enacted as part of the Drug Law Reform Act of 2009 (see L 2009, ch 56, § 1, part AAA, § 4). We agree, as the record does not support the County Court's finding that the defendant's alcohol and substance...

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