Defendant was eligible for judicial diversion based on two indictments that charged him with burglary in the third degree, a qualifying offense (see CPL 216.00[1]; 410.91 [5]; Penal Law § 140.20). A third indictment, which charged him solely with bail jumping in the second degree, did not render him ineligible, because that crime is neither a qualifying nor disqualifying offense (see CPL 216.00[1]; Penal Law § 215.56). The inclusion of a nonqualifying...
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