PEOPLE v. HORVATH


37 A.D.3d 33 (2006)

825 N.Y.S.2d 757

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAMARA HORVATH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 2006.


Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City (Winston McIntosh of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Barry P. Schwartz and Scott Shorr of counsel), for respondent.

ADAMS, J.P., SKELOS and LUNN, JJ., concur.


OPINION OF THE COURT

FISHER, J.

The issue presented on this appeal concerns the consequences of a failure to comply with the statutory requirement that a defendant, alleged to be in violation of probation, be brought promptly before the court to answer the declaration of delinquency. The essential facts are undisputed.

For 13 months beginning on June 1, 1991, the defendant worked as office manager for Dr. Surinder P. Jindal in Fishkill, New York...

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