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PEOPLE v. KIMMEL

xx09

24 Misc.3d 1052 (2009)

882 N.Y.S.2d 895

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHRISTOPHER J. KIMMEL, Defendant.

City Court of Jamestown.

Decided June 16, 2009.

Attorney(s) appearing for the Case

Robert A. Liebers, Jamestown, for defendant.

David W. Foley, District Attorney, Mayville (Laurie M. Beckerink of counsel), for plaintiff.

OPINION OF THE COURT

JOHN L. LaMANCUSO, J.

Whether a defendant who absconds from a treatment court is entitled to a hearing, pursuant to Torres v Berbary (340 F.3d 63 [2d Cir 2003]) and/or People v Outley (80 N.Y.2d 702 [1993]), before being terminated from that court and returned to the trial court for sentencing is the dispositive...

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