People v. Kimmel

OPINION OF THE COURT

John L. LaMancuso, J.

Whether a defendant who absconds from a treatment court is *1053entitled to a hearing, pursuant to Torres v Berbary (340 F3d 63 [2d Cir 2003]) and/or People v Outley (80 NY2d 702 [1993]), before being terminated from that court and returned to the trial court for sentencing is the dispositive issue presented herein.

History and Procedural Background

On July 20, 2006, defendant pleaded guilty to one count of burglary in the third degree and one count of attempted burglary in the third degree before Honorable John L. LaMancuso, Acting County Court Judge and…