Legal Opinion
In re Tompkins
New York County Courts
Decided March 8, 1990PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Howard M. Aison, J.
The question this court must answer is whether CPL article 730 requires the State Commissioner of Mental Health to accept an incapacitated probationer charged with a violation of probation.
Probationer, presently incarcerated, was placed, in 1988, on probation for five years after having been indicted for and convicted of assault in the second degree, a class D felony. In January 1990 a petition was filed with this court alleging that probationer violated the terms and conditions of his probation. Probationer appeared in court for his arraignment and it…
2Cases cited5 opinions
- Escoe v. ZerbstSupreme Court of the United States · 1935
- People v. HalabyAppellate Division of the Supreme Court of the State of New York · 1980
- Welkes v. BrennanAppellate Division of the Supreme Court of the State of New York · 1980
- People v. KentNew York Supreme Court · 1986
- People ex rel. Fusco v. SeraNew York Supreme Court · 1984
3Cited by2 opinions
- In re HarrisNew York Supreme Court · 1995
- People v. FannNew York Supreme Court · 2015