People v. Pecora

Appellate Division of the Supreme Court of New York

People v. Pecora

267 A.D.2d 255, 699 N.Y.S.2d 309, 1999 N.Y. App. Div. LEXIS 12516

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

DecidedDecember 6, 1999

StatusPublished

This text of 267 A.D.2d 255 (People v. Pecora) 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. Pecora, 267 A.D.2d 255, 699 N.Y.S.2d 309, 1999 N.Y. App. Div. LEXIS 12516 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Appeal by the defendant from an amended judgment of the County Court, Putnam County (Braatz, J.), rendered July 22, 1998, revoking a sentence of probation previously imposed by the same court, upon a finding that defendant had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his prior conviction of sexual abuse in the first degree.

Ordered that the amended judgment is affirmed.

Contrary to the defendant’s assertions on appeal, the testimony at the hearing, viewed in a light most favorable to the People, was sufficient to establish by a preponderance of [256]*256the evidence that the defendant had violated the terms of his probation (see, People v Parmeter, 238 AD2d 811; People v Powell, 209 AD2d 645).

The sentence was not excessive (see, People v Moon, 225 AD2d 826, 828; People v Suitte, 90 AD2d 80, 86-87).

The defendant’s remaining contentions are without merit. Mangano, P. J., Ritter, Goldstein and H. Miller, JJ., concur.

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