I'm sorry to hear of your dilemma.
Actually, NY CPL 216 only addresses definitions, and the operative section you are referring to is section 216.05. The pertinent part of that section as regards XXXXX XXXXX is as follows:§ 216.05 Judicial diversion program; court procedures. 1. At any time after the arraignment of an eligible defendant, but prior to the entry of a plea of guilty or the commencement of trial,
Unfortunately, in order for this code section to affect you and your rights to have the conviction sealed, you would have had to have been accepted into, and completed, the Judicial Diversion Program.
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