Legal Opinion
People of State of New York v. Neuroth
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 1991PublishedCited by 7 opinions
1Opinion of the Court
Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered April 30, 1990, which modified the terms of defendant’s probation.
After a hearing, County Court determined that defendant violated a specific condition of his probation and, therefore, the court modified defendant’s probation by sentencing him to 30 days in the County Jail. We initially find no merit to defendant’s contention that the use of the preponderance of the evidence standard deprives him of his liberty without due process of law. Not only does the statute provide for the use of this standard…
2Cases cited5 opinions
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Darvin M. v. JacobsNew York Court of Appeals · 1987
- People v. CrandallAppellate Division of the Supreme Court of the State of New York · 1976
- People v. HowlandAppellate Division of the Supreme Court of the State of New York · 1985
- People v. KrzykowskiAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Harris v. United StatesDistrict of Columbia Court of Appeals · 1992
- People v. OehlerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. RecorAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HaasAppellate Division of the Supreme Court of the State of New York · 1997
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1994
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