Legal Opinion

People v. Costanza

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 2001PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Carpinello, J.

Defendant challenges whether the People proved by a preponderance of the evidence that he violated certain terms and conditions of his probation (see, CPL 410.70 [3]). Our review of the record established that they did. Moreover, contrary to defendant’s contentions, no aspect of the notice in this matter, the probation violation hearing itself or County Court’s decision revoking probation denied him due process (see, e.g., Black v Romano, 471 US 606, 610-612).

On July 10, 1998, defendant pleaded guilty to attempted burglary in the second degree, criminal…

2Cases cited20 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. Black v. RomanoSupreme Court of the United States · 1985
  3. People v. OutleyNew York Court of Appeals · 1993
  4. Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
  5. Humphrey v. StateCourt of Appeals of Maryland · 1981

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3Cited by10 opinions

  1. People v. SpragisAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. CostanzaAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. OsborneAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. MainvilleAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. Brandon F.Appellate Division of the Supreme Court of the State of New York · 2002

5 more not listed; retrieve them via the Exa API.

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