People v. Souffrance

Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Wong, J.), rendered March 26, 2009, revoking a sentence of probation previously imposed by the same court (Mullings, J.), upon a finding that he had violated a condition thereof, and imposing a sentence of imprisonment upon his previous conviction of rape in the second degree.

Ordered that the amended judgment is reversed, on the law and in the exercise of discretion, and the matter is remitted for further proceedings consistent herewith, before a different Justice, and for a new determination thereafter.

The…