OPINION OF THE COURT
SUSAN M. CAPECI, J.
A hearing was held on the defendant's motion to enter the judicial diversion program, as codified in CPL article 216, without entering a plea of guilty pursuant to CPL 216.05 (4) (b). The defendant seeks this relief based upon the existence of exceptional circumstances, on the ground that the entry of a plea of guilty is likely to result in the severe collateral consequence to him of deportation because he is a noncitizen...
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