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PEOPLE v. LEONE

2013-1161.

44 Misc.3d 306 (2014)

984 N.Y.S.2d 830

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JARED LEONE, Defendant.

County Court, Monroe County.

Decided March 5, 2014.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Wedade Abdallah of counsel), for defendant.

Sandra J. Doorley , District Attorney, Rochester ( Scott Myles of counsel), for plaintiff.

OPINION OF THE COURT

JOHN L. DEMARCO, J.

The issue is whether the defendant is eligible for the Judicial Diversion Program (JDP) notwithstanding his December 13, 2002 conviction for assault in the second degree,1 and whether his 2011 sentence to the Willard Drug Treatment Program (Willard) tolls the 10-year period under Criminal Procedure Law § 216.00 (1) (a). Defendant committed the assault in the second degree on March...

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