People v. McDonald

OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the Probation Department, represented by the District Attorney, pursuant to CPL 410.70, to revoke the defendant’s sentence of probation, upon the ground *1048that he has violated the condition that he submit himself to mental health counseling.

The defendant was convicted by plea of the crime of attempted sexual abuse, first degree, and was sentenced to probation for a period of five years on October 19, 1984. One of the conditions of the defendant’s probation was that "The defendant should avail himself of any mental health counseling…