The question this court must answer is whether CPL article 730 requires the State Commissioner of Mental Health to accept an incapacitated probationer charged with a violation of probation.
Probationer, presently incarcerated, was placed, in 1988, on probation for five years after having been indicted for and convicted of assault in the second degree, a class D felony. In January 1990 a petition was filed with this court alleging...
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