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People v. Alvarez

184 A.D.2d 1088 Court N.Y. App. Div. Decision date 1992-06-05 Docket Appeal No. 2 English

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p. 1088
The People of the State of New York, Respondent, v Wilfredo Alvarez, Appellant.
(Appeal No. 2.)

Judgment unanimously affirmed. Memorandum: County Court’s revocation of probation was supported by a preponderance of the evidence at the violation hearing (see, CPL 410.70 [3]). Under the circumstances, imposition of the maximum sentence following the revocation of probation was neither harsh nor excessive. (Appeal from Judgment of Orleans County Court, Miles, J. — Violation of Probation.) Present — Boomer, J. P., Green, Balio, Boehm and Fallon, JJ.