Legal Opinion

People v. Henderson

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1998PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: County Court’s finding that defendant violated a condition of probation is supported by a preponderance of the evidence (see, CPL 410.70 [3]). Defendant contends that the court improperly admitted hearsay testimony. Although hearsay evidence is admissible if relevant, it is insufficient by itself to support a finding of probation violation (see, People v Randolph, 195 AD2d 699; People v Raleigh, 184 AD2d 869, 870, lv denied 80 NY2d 908). However, the competent evidence offered by the People is sufficient to establish that defendant violated a…

2Cases cited2 opinions

  1. People v. RaleighAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. RandolphAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. People v. BercumeNew York Supreme Court · 2004

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