In People v. DeYoung, defendant was initially denied the option of participating in the Judicial Diversion Program(JDP) on the grounds that his "admitted criminal act was for the purpose of financial gain" and not just to support his substance abuse. Mr. DeYoung pleaded guilty to the indictment in exchange for a sentence of five years probation; but in doing so, defense counsel carefully preserved his right to appeal the denial of his application to participate in the JDP. On appeal, the Second Department reversed the decision, and concluded that Mr. DeYoung should have been offered an opportunity to participate in JDP.

Making Drug Law Reform A Reality blog provides a great summary of the case and highlights the right to appeal denial of JDP participation in spite of guilty plea, and JDP eligibility regardless of how defendant used drug sale profits as key lessons from the case.