From Casetext: Smarter Legal Research

People v. Shaffer

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 423 (N.Y. App. Div. 2001)

Opinion

2000-01687

Submitted November 28, 2001.

December 17, 2001.

Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Dolan, J.), rendered January 11, 2000, revoking a sentence of probation previously imposed by the same court, upon a finding that she had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon her previous conviction of sexual abuse in the first degree.

Neal D. Futerfas, White Plains, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.


ORDERED that the amended judgment is affirmed.

The defendant's contention that the County Court's determination revoking her probation was not supported by sufficient evidence is without merit. The testimony adduced at the hearing supported the court's determination by a preponderance of the evidence that the defendant violated the terms of her probation (see, CPL 410.70; People v. Adams, 266 A.D.2d 225; People v. Matula, 258 A.D.2d 670).

The defendant's remaining contention is without merit (see, People v. McClain, 281 A.D.2d 959; People v. Schneider, 188 A.D.2d 754, 756).

SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.


Summaries of

People v. Shaffer

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 423 (N.Y. App. Div. 2001)
Case details for

People v. Shaffer

Case Details

Full title:THE PEOPLE, etc., respondent, v. BILLIE JO SHAFFER, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 17, 2001

Citations

289 A.D.2d 423 (N.Y. App. Div. 2001)
734 N.Y.S.2d 904

Citing Cases

People v. Almonte

As correctly conceded by the People, a probation revocation hearing, pursuant to CPL 410.70, is required…