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PEOPLE v. JOHNSON

127 Misc.2d 386 (1985)

The People of the State of New York, Plaintiff, v. Michael Johnson, Defendant.

Supreme Court, Trial Term, Bronx County.

February 26, 1985

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Sean Walsh of counsel), for plaintiff. Howard W. Yagerman, Karen M. Massa and Elyse Bohm for intervenor. Caesar D. Cirigliano, James Martorano, Michele Maxian and Santha Sonenberg for defendant.

JOHN P. COLLINS, J.

The issues before the court are: (1) Does an attorney employed by the New York City Probation Department have legal authority — in Supreme Court — to conduct a probation revocation hearing and recommend a sentence and (2) In a Supreme Court proceeding can the District Attorney delegate such a power?

Pursuant to CPL 410.30, a declaration of delinquency has been filed against the defendant. On September 14, 1983...

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