People v. Miller

Appeal by the defendant from an amended judgment of the County Court, Orange County (Freehill, J.), rendered September 25, 2007, revoking a sentence of probation previously imposed by the same court upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment and postrelease supervision upon his previous conviction of sexual abuse in the first degree.

Ordered that the amended judgment is reversed, on the law, the admission to the violation of a condition of probation is vacated, and the violation of probation petition is dismissed.

The…