OPINION OF THE COURT
CHARLES APOTHEKER, J.
Defendant was charged by indictment with the crimes of grand larceny in the fourth degree (Penal Law § 155.30 [8]), and criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [5]), both class E felonies. Defendant requested judicial diversion on November 9, 2010. Honorable William Nelson granted defendant's request for an alcohol and substance abuse evaluation, which was completed...
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