People v. Kitchens

—Judgment unanimously affirmed. Memorandum: On this appeal from a judgment finding that defendant had violated the terms of his probation, defendant contends that County Court’s determination is against the weight of the evidence because he was acquitted by a jury of all criminal charges upon which the delinquency information was based. The fact that defendant was acquitted of the underlying charges is irrelevant. "The rules of evidence and the burden of proof in a probation revocation hearing are different from those in a criminal trial” (People v Britton, 158 AD2d 932, 933, lv dismissed 76…