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Transfer to Another County for Probation Did Not Divest Sentencing Court of Jurisdiction Over Defendant’s Violation of His Intermittent Sentence​

In this case Columbia County Court sentenced defendant to intermittent imprisonment in the Columbia County jail and five years probation in Greene County where defendant resided.  After defendant failed to report to Columbia County Jail, County Court revoked the intermittent sentence and sentenced defendant to four months. Defendant contended Columbia County Court had relinquished jurisdiction by transferring the probation term to Greene County.  The Third Department disagreed:

Defendant’s reliance on CPL 410.80 – which provides for transfer of probation supervision by the sentencing court to the Probation Department in the jurisdiction (county) where  the defendant  resides at sentencing –  is misplaced … . Defendant was not charged  with violating probation but, rather, was  alleged to have violated his intermittent sentence of imprisonment.  The transfer in CPL  410.80 (2) of “all powers  and  duties” of the sentencing court over supervision of probationers to the receiving court does not, as defendant argues, divest the sentencing court of its express jurisdiction to modify  or revoke a sentence of intermittent imprisonment pursuant to Penal Law § 85.05 (1) (b) … . People v Dick, 104424, 3rd Dept, 5-23-13

 

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