People v. Leone

OPINION OF THE COURT

John L. DeMarco, J.

The issue is whether the defendant is eligible for the Judicial Diversion Program (JDP) notwithstanding his December 13, 2002 conviction for assault in the second degree,1 and whether his 2011 sentence to the Willard Drug Treatment Program (Willard) tolls the 10-year period under Criminal Procedure Law § 216.00 (1) (a). Defendant committed the assault in the second degree on March 29, 2002. Defendant allegedly committed the instant offense of burglary in the third degree on or between August 20-21, 2013.

Defendant contends that he is not a predicate…