People v. Batista

OPINION OF THE COURT

Richard M. Weinberg, J.

Defendant was indicted for the crimes of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). His application for judicial diversion under CPL 216.05 was granted. On June 17, 2014, defendant signed a detailed written Drug Court agreement and pleaded guilty to criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). Sentencing was deferred and defendant was placed in treatment. Defendant…