People v. Concepcion

OPINION OF THE COURT

Memorandum.

Ordered that the amended judgment is reversed, on the law *3and facts, the sentence imposed on December 21, 2010 is vacated, and the violation of probation petition is dismissed.

On June 22, 2009, defendant was convicted, upon his plea of guilty, of violating Penal Law § 220.03, criminal possession of a controlled substance in the seventh degree, and sentenced to three years’ probation. On July 30, 2010, defendant’s probation officer filed a violation of probation petition (see CPL 410.30).

At defendant’s first appearance on the petition, the prosecutor, quoting a…