Misdemeanor Charges Survive Unfitness Ruling
Misdemeanor charges should stand while offenders are on probation, even if the defendants are deemed to be mentally unfit to defend themselves in post-conviction probation proceedings, a Queens judge found.
January 28, 2015 at 05:27 AM
4 minute read
Misdemeanor charges should stand while offenders are on probation, even if the defendants are deemed to be mentally unfit to defend themselves in post-conviction probation proceedings, a Queens judge found.
Ruling on what he called a question of first impression, Acting Supreme Court Justice Douglas Wong (See Profile) said CPL §730 must be seen as not requiring the post-conviction dismissal of charges underlying probation violations, or else the plethora of requirements built into the law for offenders would become meaningless.
Those conditions include court-ordered treatment for anger management, domestic violence and impaired driving; license suspensions for drunk drivers and of the payment of fines and restitution, Wong ruled in People v. Fann and People v. Briskin, 2903-2013/2841-2012.
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