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PEOPLE v. GAVRILOV

2017-12192. Ind. No. 9562/15.

178 A.D.3d 727 (2019)

115 N.Y.S.3d 358

2019 NY Slip Op 08694

The People of the State of New York, Respondent, v. Anar Gavrilov, Appellant.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Kendra L. Hutchinson of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Caroline R. Donhauser of counsel), for respondent.

Rivera, J.P., Balkin, Cohen and Miller, JJ., concur.

Ordered that the judgment is affirmed.

The defendant was charged in an indictment with, inter alia, grand larceny in the fourth degree. The Supreme Court, over the People's objection, granted the then 24-year-old defendant's request pursuant to CPL 216.05(1) for a substance abuse evaluation. Thereafter, the defendant moved pursuant to CPL 216.05(4)(b) to participate in a judicial diversion program without being required to enter a plea of guilty. The defendant, a...

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