Legal Opinion
People v. Stahl
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 2014PublishedCited by 5 opinions
1Opinion of the Court
*641A finding of a violation of probation must be based upon a preponderance of the evidence (see CPL 410.70 [3]; People v Maldonado, 44 AD3d 793, 794 [2007]; People v Mikulski, 225 AD2d 563 [1996]). Contrary to the defendant’s contention, the Supreme Court properly found, based upon a preponderance of the evidence presented at the hearing, that he had violated the conditions of his probation by being in a location where persons under the age of 18 were likely to congregate without permission from his probation officer, possessing a laptop computer which had not been made known to the probation…
2Cases cited3 opinions
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WheelerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MikulskiAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- People v. CardonaAppellate Division of the Supreme Court of the State of New York · 2022
- People v. BarnesAppellate Division of the Supreme Court of the State of New York · 2018
- People v. DymAppellate Division of the Supreme Court of the State of New York · 2019
- People v. HerringAppellate Division of the Supreme Court of the State of New York · 2019
- People v. PicciochiAppellate Division of the Supreme Court of the State of New York · 2019