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PEOPLE v. SMITH

3172/13, 201.

139 A.D.3d 131 (2016)

30 N.Y.S.3d 19

2016 NY Slip Op 02596

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAUN SMITH, Appellant.

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

Decided April 5, 2016.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Thomas M. Nosewicz of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ross D. Mazer and Christopher P. Marinelli of counsel), for respondent.

RENWICK, MANZANET-DANIELS and KAPNICK, JJ., concur.

OPINION OF THE COURT

The issue before us on this appeal is whether a defendant is eligible for judicial diversion when charged with both statutorily qualifying offenses as well as other offenses, including misdemeanors, which are not defined as qualifying or disqualifying offenses. We hold that a defendant so charged is not...

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