Legal Opinion
People v. Bevilacqua
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2012PublishedCited by 12 opinions
1Opinion of the CourtStein, J.
We affirm. The People have the burden of proving by a preponderance of the evidence that defendant violated a term of his probation (see CPL 410.70 [3]; People v Rockefeller, 79 AD3d 1527, 1527 [2010], lv denied 16 NY3d 862 [2011]). Probation violation hearings are summary in nature and evidence presented thereat may include hearsay, although that may not be the sole basis for the finding of a violation (see People v DeMoney, 55 AD3d 953, 954 [2008]; People v Trathen, 2 AD3d 1065 [2003], lv denied 1 NY3d 635 [2004]).
Here, the People met their initial burden of demonstrating that defendant…
2Cases cited5 opinions
- People v. OehlerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. DeMoneyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. OsborneAppellate Division of the Supreme Court of the State of New York · 2007
- People v. RockefellerAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SopranoAppellate Division of the Supreme Court of the State of New York · 2006
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