People v. Lyon
Opinion of the Court
Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered January 23, 2014. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment that, after a hearing, revoked the sentence of probation previously imposed on his conviction of grand larceny in the third degree (former Penal Law § 155.35) and sentenced him to a term of imprisonment. Defendant contends that County Court failed to schedule and conduct a prompt hearing on his alleged violation of a condition of probation, thereby violating CPL 410.70 (1). We reject that contention.
Defendant was placed on probation and, at his request, the court transferred the supervision of probation to the State of Wisconsin. Defendant was thereafter convicted of several new forgery- and theft-related felony charges in Wisconsin, and sentenced to prison there. A Monroe County probation officer filed with the court “an information for delinquency,” i.e., a “request for a declaration of delinquency by a probation officer” (CPL 410.30), asking the court to issue a probation warrant for defendant’s arrest, and the court issued such a warrant (see CPL 410.40 [2]). That warrant was lodged as a detainer against defendant in Wisconsin. While serving his sentence in Wisconsin, defendant wrote several letters to both the court and the prosecutor in New York, seeking to waive extradition, to be returned to court in New York, to be assigned counsel, and to plead guilty to violating the conditions of probation based on his convictions in Wisconsin. No extradition or transfer proceedings took place, however, until after defendant had served his Wisconsin prison sentence. Two days after completing his Wisconsin sentence and one day after he was transported to New York, defendant was brought before the court, which committed him to custody and then, after several adjournments to which defendant consented, conducted a hearing pursuant to CPL 410.70. At the conclusion of the hearing, the court found that defendant violated the conditions of his probation and revoked the previously-imposed term of probation. Contrary to defendant’s contention, the hearing on his violation of probation was not improperly delayed.
The sentence is not unduly harsh or severe. We have considered defendant’s remaining contention and conclude that it is without merit. Present — Smith, J.P., Peradotto, Carni, Whalen and DeJoseph, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.