People v. Simmons

OPINION OF THE COURT

Marcy L. Kahn, J.

The question presented in this case is whether a bench warrant issued to secure a probationer’s presence on an alleged violation of probation tolls the running of the probationary term in the absence of the filing of a declaration of delinquency. The question goes to the very jurisdiction of the court to address an alleged violation of probation where, as here, a probationer is not returned on a warrant until after the probationary term would otherwise have expired. For the reasons stated in this court’s earlier oral ruling, which is sup*224planted by this…