People v. Greiner

Appellate Division of the Supreme Court of New York

People v. Greiner

256 A.D.2d 1132, 684 N.Y.S.2d 925, 1998 N.Y. App. Div. LEXIS 14242

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

DecidedDecember 31, 1998

StatusPublished

Cited by1 cases

This text of 256 A.D.2d 1132 (People v. Greiner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Greiner, 256 A.D.2d 1132, 684 N.Y.S.2d 925, 1998 N.Y. App. Div. LEXIS 14242 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously reversed on the law and declaration of delinquency dismissed. Memorandum: Supreme Court’s finding that defendant violated a condition of probation is not supported by a preponderance of the evidence (see, CPL 410.70 [3]). The People failed to establish that defendant operated his employer’s motor vehicle in violation of the limitations of Vehicle and Traffic Law § 1198 (9). Furthermore, contrary to the People’s contention, the record does not establish that the court, in granting defendant’s request for a post-revocation conditional license, did not intend that defendant be given the benefit of section 1198 (9). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Violation of Probation.) Present — Den-man, P. J., Hayes, Balio, Boehm and Fallon, JJ.

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—Judgment unanimously reversed on the law and declaration of delinquency dismissed. Memorandum: Supreme Court’s finding that defendant violated a condition of probation is not supported by a preponderance of the evidence (see, CPL 410.70 [3]). The People failed to establish that defendant operated his employer’s motor vehicle in violation of the limitations of Vehicle and Traffic Law § 1198 (9). Furthermore, contrary to the People’s contention, the record does not establish that the court, in granting defendant’s request for a post-revocation conditional license, did not intend that defendant be given the benefit of section 1198 (9). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Violation of Probation.) Present — Den-man, P. J., Hayes, Balio, Boehm and Fallon, JJ.

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Bluebook (online)

256 A.D.2d 1132, 684 N.Y.S.2d 925, 1998 N.Y. App. Div. LEXIS 14242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greiner-nyappdiv-1998.

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