Legal Opinion
People v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 1989PublishedCited by 5 opinions
1Opinion of the Court
— Appeal by the defendant from an amended judgment of the County Court, Rockland County (Meehan, J.), rendered April 18, 1988, revoking a sentence of probation previously imposed by the same court, upon a finding that she had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon her previous conviction of assault in the second degree.
Ordered that the amended judgment is affirmed.
It is well established that a finding of a probation violation must be based " 'upon a preponderance of the evidence * * * which requires a residuum of legally competent evidence…
2Cases cited4 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. MachiaAppellate Division of the Supreme Court of the State of New York · 1983
- People v. Todd D.Appellate Division of the Supreme Court of the State of New York · 1984
- People v. KovarikAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- People v. MinardAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RennieAppellate Division of the Supreme Court of the State of New York · 1993
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1994
- People v. RushinAppellate Division of the Supreme Court of the State of New York · 1993
- People v. StylesAppellate Division of the Supreme Court of the State of New York · 1991