People v. Henderson
Appellate Division of the Supreme Court of the State of New York
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
- People v. RaleighAppellate Division of the Supreme Court of the State of New York · 1992
- People v. RandolphAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- People v. BercumeNew York Supreme Court · 2004