People v. Sorge

OPINION OF THE COURT

Burton S. Sherman, J.

This hearing is held pursuant to CPL 410.70 (subd 3) to determine whether the defendant violated two of the conditions of his probation, by drinking excessively and keeping late hours.

The defendant was sentenced in April, 1976 to five years’ probation after pleading guilty to the crime of attempted robbery in the third degree. At that time, pursuant to CPL 410.10, he was furnished with a printed form which contained the conditions of his probation. Condition No. 10 of the form required the defendant to "keep reasonable hours” and Condition No. 13…