People v. Murtovic

In People v. Murtovic, 42 Misc 3d 1203[A], 2013 NY Slip Op 52180[U] [Table], 2013 WL 6687889 [Newburgh City Ct 2013]) the defendant's probation sentence was transferred from the Town of Fishkill Justice Court in Dutchess County, where he had been convicted of driving while intoxicated, to Orange County where the defendant resided. Subsequent to the transfer, the Fishkill court granted the defendant's application to modify his probation sentence so that he could reapply for a driver's license. In holding that the Fishkill court lacked subject matter jurisdiction post-transfer to modify the probation sentence, the Newburgh City Court relied upon the statutory language directing that "the appropriate court within the jurisdiction of the receiving probation department shall assume all powers and duties of the sentencing court" (CPL 410.80 [2] [a]).