People v. Morse

— Appeal from a judgment of the County Court of Cortland County (Kepner, Jr., J.), rendered September 1, 1982, which revoked defendant’s probation and imposed a sentence of imprisonment. The principal issue on this appeal is whether the “preponderance of the evidence” standard of proof utilized in probation revocation proceedings (CPL 410.70, subd 3) offended defendant’s right to due process of law. Although this argument was not advanced earlier, we consider it in the interest of justice (CPL 470.15, subd 6). Relying upon Santosky v Kramer (455 US 745), defendant maintains that *655because his…