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People v. Mikulski

225 A.D.2d 563, 639 N.Y.2d 89, 639 N.Y.S.2d 89, 1996 N.Y. App. Div. LEXIS 1879
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 4, 1996
StatusPublished
Cited by3 cases

This text of 225 A.D.2d 563 (People v. Mikulski) 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. Mikulski, 225 A.D.2d 563, 639 N.Y.2d 89, 639 N.Y.S.2d 89, 1996 N.Y. App. Div. LEXIS 1879 (N.Y. Ct. App. 1996).

Opinion

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.

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Related

People v. Stahl
113 A.D.3d 640 (Appellate Division of the Supreme Court of New York, 2014)
People v. Ramlall
64 A.D.3d 667 (Appellate Division of the Supreme Court of New York, 2009)

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Bluebook (online)
225 A.D.2d 563, 639 N.Y.2d 89, 639 N.Y.S.2d 89, 1996 N.Y. App. Div. LEXIS 1879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mikulski-nyappdiv-1996.