238 A.D.2d at 940 cited at this page1 citing case
- People v. Robinson, 147 A.D.3d 1351 (N.Y. App. Div. 4th Dep't 2017).published We thus conclude that there was the necessary “residuum of competent legal evidence” that defendant violated a condition of his probation (People v Pringle, 72 AD3d 1629, 1630 [2010], lv denied 15 NY3d 855 [2010] [internal quotation marks…
Other citing cases
- Robinson, Adam J., People v., No. KA 14-02224 (N.Y. App. Div. 4th Dep't Feb. 3, 2017).published
- Davila, Gabriel, People v., No. KA 12-00600 (N.Y. App. Div. 4th Dep't Jan. 2, 2015).published
- People v. DeFrance, 265 A.D.2d 906 (N.Y. App. Div. 4th Dep't 1999).published
v.
Dale V. Cherry
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the finding that he violated the terms and conditions of his probation is not supported by a preponderance of the evidence. The record establishes that defendant was required to abstain from drinking alcoholic beverages as a condition of his probation. At the violation of probation hearing, defendant testified that he knew of that condition but that he drank alcoholic beverages on three occasions because he had too much time on his hands and "flat out made a slip”. That evidence is sufficient to support the determination that defendant violated a condition of probation (see, People v Passalia, 188 AD2d 1084, 1085; People v Styles, 175 AD2d 961, lv denied 79 NY2d 923). (Appeal from Judgment of Ontario County Court, Henry, Jr., J.—Violation of Probation.) Present—Denman, P. J., Green, Lawton, Balio and Fallon, JJ.