Opinion
April 30, 1998
Petitioner was sentenced to a prison term of 6 to 18 years following his 1986 conviction of the crime of manslaughter in the first degree. After his release on parole in December 1992, petitioner was charged with and ultimately convicted of the crime of sexual abuse in the second degree. This conviction constituted a violation of the terms of petitioners parole which was, accordingly, revoked. We confirm.
Petitioners admission that he was convicted of a crime while on parole was sufficient to constitute substantial evidence in support of the finding that he had violated a condition of his parole ( see, Matter of Montanez v. New York State Div. of Parole, 227 A.D.2d 753, 754, lv denied 88 N.Y.2d 814). That the child abuse report which led to petitioners conviction of sexual abuse in the second degree was later expunged by the Department of Social Services does not negate the fact of petitioners ultimate conviction or its ramifications. Petitioners remaining contentions have been reviewed and found to be without merit.
Cardona, P.J., White, Peters, Spain and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.