Article 216 Judicial Diversion Eligible Defendant

Stands charged in an indictment or SCI for

1) Any Penal Law Article 220 or 221 Class B, C, D or E felony


2) Any “specified offense” under CPL 410.91 (Parole Supervision [i.e., Willard])

Burglary 3rd
Criminal Mischief 2nd or 3rd
Grand Larceny 2nd (no firearms or meth components)
Grand Larceny 3rd (except firearms)
Unauthorized Use of a Vehicle
CPSP 3rd (no firearms or meth components)
CPSP 4th (no firearms)
Forgery 2nd
Criminal Possession of a Forged Instrument 2nd
Unlawfully Using Slugs
Or an attempt to commit one of the above offenses if an attempt is a felony

However, a defendant is not an Eligible Defendant if:*

a) Conviction within the past 10 years (excluding prison time between commission of prior felony and commission of present one) for:
1- A Violent Felony Offense. PL 70.02
2- An offense for which Merit Time Allowance is not available.
Corrections Law 803(1)(d)(ii)
3- A class A felony offense defined in article 220 or 221

1) Has not been previously adjudicated a second violent or persistent violent felony offender

2) Does not have a pending charge for a violent felony offense or an offense which does not allow merit time (Corr. Law 803(1)(d)(ii))

*Unless the District Attorney consents to their participation in Judicial Diversion in which case they are eligible defendants.