N.Y. Comp. Codes R. & Regs. tit. 15 § 136.9
The successful completion of the article 21 alcohol and drug rehabilitation program, where no intervening safety factors occurred between the date such person entered the program and the date the application for a license is made and with no subsequent incidents of operating a motor vehicle while under the influence of alcoholic beverages or drugs, shall be considered evidence of rehabilitative effort satisfactory for the purposes of this Part. Provided, however, if enrollment in the program based upon the plea bargaining provisions of Vehicle and Traffic Law, section 1192(10)(a)(ii) and (10)(d), and if such person would not otherwise have been eligible for enrollment in the program pursuant to section 1196(4) of such law, then completion of the program, may not, in the commissioner's discretion, be deemed evidence of rehabilitative effort.
N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.9