People v. Griswold

Appellate Division of the Supreme Court of New York

People v. Griswold

197 A.D.2d 841, 602 N.Y.S.2d 253, 1993 N.Y. App. Div. LEXIS 9190

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

DecidedOctober 1, 1993

StatusPublished

This text of 197 A.D.2d 841 (People v. Griswold) 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. Griswold, 197 A.D.2d 841, 602 N.Y.S.2d 253, 1993 N.Y. App. Div. LEXIS 9190 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant contends that his probation was improperly revoked because he was not given a written copy of the conditions of probation at the time sentence was imposed (see, CPL 410.10 [1]). We disagree. Defendant was told of the conditions at sentencing, received the conditions in writing while he was incarcerated at the Monroe County Jail under the original sentence, and signed a written copy of the conditions. Defendant had notice of the precise conditions of his probation prior to his release, and the failure to give him a written copy at sentencing does not vitiate his conviction for violating probation (see, People v Davey, 193 AD2d 1108; People v Bernstein, 163 AD2d 842, lv denied 76 NY2d 938).

The sentence imposed is neither harsh nor excessive. (Appeal from Judgment of Monroe County Court, Connell, J.— Violation of Probation.) Present—Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant contends that his probation was improperly revoked because he was not given a written copy of the conditions of probation at the time sentence was imposed (see, CPL 410.10 [1]). We disagree. Defendant was told of the conditions at sentencing, received the conditions in writing while he was incarcerated at the Monroe County Jail under the original sentence, and signed a written copy of the conditions. Defendant had notice of the precise conditions of his probation prior to his release, and the failure to give him a written copy at sentencing does not vitiate his conviction for violating probation (see, People v Davey, 193 AD2d 1108; People v Bernstein, 163 AD2d 842, lv denied 76 NY2d 938).

The sentence imposed is neither harsh nor excessive. (Appeal from Judgment of Monroe County Court, Connell, J.— Violation of Probation.) Present—Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

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Bluebook (online)

197 A.D.2d 841, 602 N.Y.S.2d 253, 1993 N.Y. App. Div. LEXIS 9190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-griswold-nyappdiv-1993.

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