People v. Cruz

212 A.D.2d 413, 622 N.Y.S.2d 521, 1995 N.Y. App. Div. LEXIS 1560

Opinion

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 10, 1991, resentencing defendant, after a hearing, to a term of 1% to 5 years, upon a finding that he violated the term of probation imposed upon his plea of guilty of criminal possession of a controlled substance in the fifth degree, unanimously affirmed.

The People established by a preponderance of the evidence that defendant, on several occasions, willfully violated directives by his probation officers to report (CPL 410.70 [3]; People v Minard, 161 AD2d 607, lv denied 76 NY2d 861). In view of defendant’s willful disobedience and actions in violation of the prior plea bargain, the court properly resentenced him to a prison term of 1% to 5 years. Concur—Murphy, P. J., Rosenberger, Nardelli and Williams, JJ.