PEOPLE v. SIMMONS


169 Misc.2d 223 (1996)

643 N.Y.S.2d 919

The People of the State of New York, Plaintiff, v. David Simmons, Defendant.

Supreme Court, New York County.

May 10, 1996


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Alan Gardner of counsel), for defendant. Elizabeth Candreva for New York City Department of Probation.


MARCY L. KAHN, J.

The question presented in this case is whether a bench warrant issued to secure a probationer's presence on an alleged violation of probation tolls the running of the probationary term in the absence of the filing of a declaration of delinquency. The question goes to the very jurisdiction of the court to address an alleged violation of probation where, as here, a probationer is not returned on a warrant until after the probationary term...

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