Opinion
February 22, 1999
Appeal from the County Court, Suffolk County (Weissman, J.).
Ordered that the amended judgment is affirmed.
A finding of a violation of probation must be based upon a preponderance of the evidence which requires a residuum of competent legal evidence in the record ( see, People v. Yutesler, 177 A.D.2d 732). Here, court's determination that the defendant violated the conditions of his probation was clearly supported by a preponderance of the evidence presented in the record.
The sentence which the court imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.