In a case of vital importance to the state’s district attorneys, an appellate panel in Rochester has held that the Drug Law Reform Act of 2009 does not empower judges to divert defendants to treatment over the objections of the prosecutor unless the offense is one specified in the law.
The Appellate Division, Fourth Department, unanimously overruled Monroe County Judge John DeMarco (See Profile) and held that judges can divert defendants to treatment, without the consent of the district attorney, only if they are charged with certain enumerated offenses.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
