People v. Donlon

OPINION OF THE COURT

Harold Fertig, J.

Defendant makes this motion to dismiss a pending violation of probation on grounds which are both novel and of first impression in the State of New York.

Defendant, Patrick Donlon, was originally charged with burglary in the third degree in violation of section 140.20 of the Penal Law, a class D felony. On March 2, 1979, he pleaded guilty to attempted grand larceny, a class A misdemeanor. On April 23,1979, the defendant was sentenced by this court to three years’ probation with alcohol and drug therapy and counseling as determined by the Probation…