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DECISION AND ORDER

*1 A hearing was held on August 30, 2017, on the defendant’s suitability to enter the Judicial Diversion Program, as codified in CPL article 216. The defendant has been charged by indictment with five-counts of criminal possession of stolen property in the fourth degree, two counts of criminal possession of stolen property in the fifth degree, and obstructing governmental administration in the second degree. The defendant is 22 years old, and is a lawful permanent resident in the United States, having been brought here from the Dominican Republic by his father at the age of 6 years old. He has a prior felony conviction1 and an ICE detainer has been lodged against him at the Westchester County Jail. He remains incarcerated at the jail in lieu of bail set in local court in the amount of $20,000.00 bond or $10,000.00 cash. He is awaiting trial on the present felony charge.*2

 
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