Opinion
September 20, 1951.
Appeal from Chemung County Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The court suspended sentence "during good behavior" and directed appellant to report to the probation officer and make certain restitution. On October 11, 1938, appellant was brought before the court charged upon a sworn complaint of the probation officer with a violation of the conditions of the suspended sentence. The proceeding was adjourned for further hearing on October 21, 1938. Appellant waived counsel and entered a plea of "guilty" to the charge that he had violated the conditions of the suspension. Upon this admission a sentence was imposed. Thus every condition required to be met by the statute or by People ex rel. Benacquista v. Blanchard ( 267 App. Div. 663) or by a sense of fair procedure has been met. The sentence was a sufficient revocation of the former suspension of sentence. No particular form of words is required. Order unanimously affirmed.