People v. McCaffrey

Appellate Division of the Supreme Court of New York

People v. McCaffrey

254 A.D.2d 304, 680 N.Y.S.2d 103, 1998 N.Y. App. Div. LEXIS 10022

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

DecidedOctober 5, 1998

StatusPublished

Cited by2 cases

This text of 254 A.D.2d 304 (People v. McCaffrey) 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. McCaffrey, 254 A.D.2d 304, 680 N.Y.S.2d 103, 1998 N.Y. App. Div. LEXIS 10022 (N.Y. Ct. App. 1998).

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Opinion

Appeal by the defendant from an amended judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered May 15, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a controlled substance in the fifth degree.

Ordered that the amended judgment is affirmed.

The conditions of the defendant’s probation included abstention from drug use as well as participation in and completion of a drug rehabilitation program. Contrary to the defendant’s contention, the evidence at the hearing was sufficient to establish that he violated his probation since proof was adduced that he failed to complete the rehabilitation program. The violation was further established by the defendant’s admission of drug use to his probation officer, who testified to this admission at the hearing (see, People v Stoliker, 94 AD2d 854, 856).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

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Appeal by the defendant from an amended judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered May 15, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a controlled substance in the fifth degree.

Ordered that the amended judgment is affirmed.

The conditions of the defendant’s probation included abstention from drug use as well as participation in and completion of a drug rehabilitation program. Contrary to the defendant’s contention, the evidence at the hearing was sufficient to establish that he violated his probation since proof was adduced that he failed to complete the rehabilitation program. The violation was further established by the defendant’s admission of drug use to his probation officer, who testified to this admission at the hearing (see, People v Stoliker, 94 AD2d 854, 856).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

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Bluebook (online)

254 A.D.2d 304, 680 N.Y.S.2d 103, 1998 N.Y. App. Div. LEXIS 10022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccaffrey-nyappdiv-1998.

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