People v. Kaslov

OPINION OF THE COURT

Bernard J. Fried, J.

At issue is whether an Assistant General Counsel (probation attorney) of the New York City Department of Probation (Department) may prosecute a violation of probation and act as an advocate at the hearing on the violation. I conclude that, where the District Attorney has declined to appear and prosecute a probation violation, the probation attorney may fully prosecute the violation on behalf of the Department.

Here, the violation proceedings were initiated by the probation attorney with the request that a declaration of delinquency be filed by the court…