PEOPLE v. PANESGA


160 Misc.2d 1063 (1994)

612 N.Y.S.2d 299

The People of the State of New York, Plaintiff, v. Renato Panesga, Defendant.

Supreme Court, Queens County.

April 25, 1994


Attorney(s) appearing for the Case

Janice E. Taylor, Kew Gardens (Margaret M. Fergus and Nick G. Onychuk of counsel), for New York City Department of Probation. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Harry Nussdorf of counsel), for plaintiff. Legal Aid Society, Kew Gardens (Robert M. Baum and Nathaniel Welkes of counsel), for defendant.


DAVID GOLDSTEIN, J.

The issue is whether a defendant, before the court on a violation of probation (VOP), may be examined as to his fitness to proceed, pursuant to CPL article 730, where disposition of the VOP could result in vacatur of the previously imposed probationary sentence and the imposition of a jail term.

On February 26, 1993, defendant was convicted upon an Alford plea of attempted...

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