Opinion
November 25, 1991
Appeal from the Supreme Court, Suffolk County (Rohl, J.).
Ordered that the amended judgment is affirmed.
It is well established that 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" (People v. Machia, 96 A.D.2d 1113, 1114; see also, People v. Minard, 161 A.D.2d 607; CPL 410.70). We conclude that the hearing court's determination that the defendant violated the conditions of his probation was supported by a preponderance of the evidence clearly presented in the record. Kunzeman, J.P., Sullivan, Balletta and Copertino, JJ., concur.