Appellate Division of the Supreme Court of the State of New York February 23, 2012 (Carty v. Hall)

Garry, J.

It is undisputed that petitioner is an “eligible defendant” as statutorily defined (see CPL 216.00 [1]), who may be allowed to participate in the judicial diversion program (see CPL 216.05). Petitioner argues that respondent erred in failing to order that the evaluation be performed prior to denying him entry into the program. We disagree.