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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 592 (N.Y. App. Div. 2000)

Opinion

Argued December 6, 1999

January 31, 2000

Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Chetta, J.), rendered July 22, 1998, revoking a sentence of probation previously imposed by the same court (Latella, J.), upon a finding that he violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.

Lynn W. L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Peter Mason of counsel), for respondent.

FRED T. SANTUCCI, J.P., SONDRA MILLER, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the amended judgment is affirmed.

The defendant's contention that the Supreme Court's determination revoking his probation is not supported by sufficient evidence is without merit. The testimony adduced at the hearing supports the court's determination by a preponderance of the evidence that the defendant committed the acts with which he was charged (see, CPL 410.70[3]; People v. Yutesler, 177 A.D.2d 732 ).

Contrary to the defendant's contention, there is no inherent contradiction between a determination that the defendant violated his probation and a verdict acquitting him of the criminal offenses which formed the basis of the violation, inasmuch as the two matters are subject to different standards of proof (see,People v. Powell, 209 A.D.2d 645, 646 ; People ex rel. Singletary v. Dalsheim, 84 A.D.2d 553 ). In addition, the defendant's resentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05).

SANTUCCI, J.P., S. MILLER, LUCIANO, and FEUERSTEIN, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 592 (N.Y. App. Div. 2000)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, etc., respondent, v. JIMEL BROWN, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 31, 2000

Citations

268 A.D.2d 592 (N.Y. App. Div. 2000)
704 N.Y.S.2d 88

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