People v. Panesga

*1064OPINION OF THE COURT

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 robbery in the second degree, a "D” violent felony. The case involved the theft of 12 bottles of Revlon nail polish from a Walgreens drugstore and the subsequent attack with a razor…