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PEOPLE v. CASTER

2011-0255

33 Misc.3d 198 (2011)

927 N.Y.S.2d 897

2011 NY Slip Op 21264

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LAUREN ANN CASTER, Defendant.

Supreme Court, Monroe County.

Decided August 2, 2011.

Attorney(s) appearing for the Case

Timothy Donaher , Public Defender, Rochester ( Sonya A. Zoghlin of counsel), for defendant.

Michael C. Green , District Attorney, Rochester ( Jennifer Hyatt of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH D. VALENTINO, J.

This is a decision on defendant's request for an order pursuant to CPL 216.05 (4) granting her the opportunity to participate in the Judicial Diversion Program (JDP) or, in the alternative, dismissing the indictment in the furtherance of justice pursuant to CPL 210.40 and 210.20 (1) (i). Defense counsel asserted that the People intentionally manipulated the grand jury process to circumvent defendant's participation...

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