People v. Cangialosi

—Judgment unanimously reversed on the law, declaration of delinquency vacated and sentence of probation reinstated. Memorandum: The People did not sustain their burden of proving by a preponderance of the evidence that defendant violated a condition of probation (see, CPL 410.70 [3]). The only material evidence offered was the transcript of prior testimony at the underlying criminal trial.

Although the transcript was admissible at the probation violation hearing (see, CPL 410.70 [3]), it did not qualify as competent evidence under the former testimony exception to the hearsay rule (see…