Legal Opinion
People v. Pettway
Appellate Division of the Supreme Court of the State of New York
Decided September 28, 2001PublishedCited by 14 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Supreme Court’s determination that defendant violated the terms and conditions of his probation is supported by legally sufficient evidence. The People properly established that defendant violated the terms and conditions of his probation by a preponderance of the evidence, which requires a residuum of competent legal evidence in the record (see, People v Oyebanji, 246 AD2d 560, lv denied 91 NY2d 944; People v Ramos, 232 AD2d 433, lv denied 90 NY2d 909). Although hearsay evidence is admissible in probation violation proceedings (see, CPL 410.70 [3];…
2Cases cited4 opinions
- People v. KrzykowskiAppellate Division of the Supreme Court of the State of New York · 1986
- People v. RamosAppellate Division of the Supreme Court of the State of New York · 1996
- People v. OyebanjiAppellate Division of the Supreme Court of the State of New York · 1998
- People v. Todd D.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by14 opinions
- People v. Michael J.F.Appellate Division of the Supreme Court of the State of New York · 2005
- People v. WigginsAppellate Division of the Supreme Court of the State of New York · 2017
- People v. Van EveryAppellate Division of the Supreme Court of the State of New York · 2006
- People v. ParisAppellate Division of the Supreme Court of the State of New York · 2016
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 2003
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