People v. Caster

OPINION OF THE COURT

Joseph D. Valentino, J.

This is a decision on defendant’s request for an order pursuant to CPL 216.05 (4) granting her the opportunity to participate in the Judicial Diversion Program (JDP) or, in the alternative, dismissing the indictment in the furtherance of justice pursuant to CPL 210.40 and 210.20 (1) (i). Defense counsel asserted that the People intentionally manipulated the grand jury process to circumvent defendant’s participation in JDP and thereby denied defendant the right to be treated as other similarly situated defendants without a legitimate basis. The *200People…