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People v. Egelston

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 904 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the County Court of Chenango County (Dowd, J.).


The record establishes that one of the conditions of defendant's probation was that he be required to make restitution and that, despite repeated attempts to collect as well as promises made by defendant that he would pay, he failed to make any payments whatsoever. Although defendant claimed at his violation of probation hearing that he was indigent, he did not offer any facts in support of that assertion. Under the circumstances, we find no abuse of discretion by County Court in revoking defendant's probation and imposing a sentence of imprisonment (see, People v Krzykowski, 121 A.D.2d 831; People v Forman, 105 A.D.2d 984).

Judgment affirmed. Mahoney, P.J., Mikoll, Yesawich, Jr., Crew III, and Harvey, JJ., concur.


Summaries of

People v. Egelston

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 904 (N.Y. App. Div. 1991)
Case details for

People v. Egelston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL P. EGELSTON…

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

Date published: Mar 7, 1991

Citations

171 A.D.2d 904 (N.Y. App. Div. 1991)
566 N.Y.S.2d 773

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