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PEOPLE v. ROSARIO

Ind. No. 3705/12. Appeal No. 13717. Case No. 2013-02486.

193 A.D.3d 659 (2021)

143 N.Y.S.3d 187

2021 NY Slip Op 02610

The People of the State of New York, Respondent, v. Franklin Rosario, Appellant.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Richard Joselson of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jillian Lewis of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

The court providently exercised its discretion in denying defendant's application for participation in a judicial diversion program pursuant to CPL 216.05 (see People v Young, 184 A.D.3d 443 [1st Dept 2020], lv denied 35 N.Y.3d 1071 [2020]). The record supports the hearing court's findings regarding the factors set forth in CPL...

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