People v. Serach

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of County Court convicting him of violation of probation. He contends that the court improperly relied on hearsay testimony to sustain the charge that he had used alcohol. Defendant did not object to the hearsay testimony, however, and therefore has failed to preserve his present contention for our review (see, People v Gonzalez, 55 NY2d 887, 888). In any event, the testimony of the probation officer that defendant failed to report establishes a violation of that condition by a preponderance of the evidence, and…