People v. Smythe

OPINION OF THE COURT

Anthony A. Scarping, Jr., J.

Defendant moves for an order, pursuant to CPL 180.80, releasing him from custody pending the outcome of a violation of probation proceeding. Specifically, defendant claims that the Department of Correctional Services’ failure to produce him in court on September 18, 1992, because of a "work-to-rule” job action, violated his rights under CPL 180.80 and CPL *962410.60, and entitles him to immediate release. The People oppose the motion. The motion is denied.

On May 30, 1990, defendant was sentenced to five years’ probation upon his conviction for…