Misdemeanor charges should stand while offenders are on probation, even if the defendants are deemed to be mentally unfit to defend themselves in post-conviction probation proceedings, a Queens judge found.
Ruling on what he called a question of first impression, Acting Supreme Court Justice Douglas Wong (See Profile) said CPL §730 must be seen as not requiring the post-conviction dismissal of charges underlying probation violations, or else the plethora of requirements built into the law for offenders would become meaningless.
