Town Justice John Fried
The court opined if it had jurisdiction to revoke a sentence of conditional discharge after such period expired. It answered in the negative, dismissing the proceeding. Defendants previously pleaded guilty to violating various sections of the Town of Mount Pleasant Zoning Code in the Justice Court. The court sentenced defendants to a conditional discharge of one year warning them to "avoid all conflict" with the law. Ten months into the conditional discharge, an accusatory instrument charged Tin Can Holdings with violating additional sections of the town zoning code. While prosecutors petitioned for a declaration defendants violated the code, no written declaration of delinquency was filed, and defendants moved for dismissal. Prosecutors argued Criminal Procedure Law §410.30 did not require a written declaration of delinquency to be filed in order to proceed with a violation hearing. The court disagreed stating it loses jurisdiction over a declaration of delinquency for a violation of a conditional discharge when the term of the revocable sentence expired. It stated as the term of the conditional discharge expired and no declaration of delinquency was filed before such date, it was deprived of jurisdiction to adjudicate defendants' alleged violation of their conditional discharge.
