Majority
p. 563The People of the State of New York, Respondent, v Steven Mikulski, Appellant. [639 NYS2d 89]
It is well established that a finding of a violation of probation must be based upon a preponderance of the evidence (see, People v Yutesler, 177 AD2d 732 , citing People v Machia, 96 AD2d 1113 ; see also, CPL 410.70 [3]; People v Powell, 209 AD2d 645 ; People v Bushey, 114 AD2d 690 ). The County Court’s determination that the defendant violated a condition of his probation is supported by a preponderance of the evidence in the record.
The defendant’s remaining contentions are without merit. Santúcci, J. P., Krausman, Goldstein and Florio, JJ., concur.
Cases cited
- People v. Bushey 114 AD2d 690 p. 563