The court improvidently exercised its discretion in denying defendant's request to participate in the judicial diversion program. The court based this determination on the erroneous ground that defendant had failed to establish that his "substance abuse or dependence [wa]s a contributing factor to [his] criminal behavior" (CPL 216.05 [3] [b] [iii]). "The statute does not require that a defendant's ... substance abuse or dependence be the exclusive or primary cause of the...
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