Village Justice David Otis Fuller Jr.
Ohanian pleaded guilty to criminal possession of a controlled substance in 2008. He was sentenced, the same day, to a conditional discharge, including continuing with Liberation Services Inc. in Connecticut. Further, the court issued Ohanian a certificate of relief from disabilities the same day. In February 2013 Ohanian moved for conditional sealing under Criminal Procedure Law §160.58. The court noted that section, under subdivision one, required that Ohanian participate in a judicial diversion program under the newly enacted §216, which became effective Oct. 7, 2009. However, §216 provided that an eligible defendant for a judicial diversion program was a person who stood charged in an indictment or superior court information. Here, the court found Ohanian was accused with a misdemeanor information alleging a violation of Penal Law §220.03 and he pleaded guilty to it in satisfaction of all charges. Yet, it noted as Ohanian was not charged in an indictment or superior court information, as required by §216, he was not deemed eligible for a judicial diversion program for certain felony offenders. Therefore, the court concluded he was not entitled to apply for conditional sealing, and the court denied his motion for same.
