People v. Fann

OPINION OF THE COURT

Douglas S. Wong, J.

These two cases have been consolidated for motions by all parties. They present the same issue to this court. Each defendant was convicted of a misdemeanor and sentenced to probation. A violation of probation (hereafter VOP) was filed on each case by the Department of Probation. Defense counsels on each case requested that the defendant be examined pursuant to CPL 730.30. Both Brisken and Fann were found unfit to proceed. By statute they were ordered to be committed to the custody of the Commissioner of Mental Hygiene. (CPL 730.40 [1]; 730.50 [1].) The…