People v. Cherry
| Decision Date | 25 April 1997 |
| Citation | 661 N.Y.S.2d 146,238 A.D.2d 940 |
| Parties | PEOPLE of the State of New York, Respondent, v. Dale V. CHERRY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John Tyo, Shortsville, for Appellant.
R. Michael Tantillo by Kathleen Pohl, Canandaigua, for Respondent.
Before DENMAN, P.J., and GREEN, LAWTON, BALIO and FALLON, JJ.
We reject the contention of defendant that the finding that he violated the terms and conditions of his probation is not supported by a preponderance of the evidence. The record establishes that defendant was required to abstain from drinking alcoholic beverages as a condition of his probation. At the violation of probation hearing, defendant testified that he knew of that condition but that he drank alcoholic beverages on three occasions because he had too much time on his hands and "flat out made a slip". That evidence is sufficient to support the determination that defendant violated a condition of probation (see, People v. Passalia, 188 A.D.2d 1084, 1085, 592 N.Y.S.2d 189; People v. Styles, 175 A.D.2d 961, 573 N.Y.S.2d 541, lv. denied 79 N.Y.2d 923, 582 N.Y.S.2d 83, 590 N.E.2d 1211).
Judgment unanimously affirmed.
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...900 N.Y.S.2d 215, lv. denied 15 N.Y.3d 855, 909 N.Y.S.2d 32, 935 N.E.2d 824 [internal quotation marks omitted]; see People v. Cherry, 238 A.D.2d 940, 940, 661 N.Y.S.2d 146, lv. denied 90 N.Y.2d 891, 662 N.Y.S.2d 434, 685 N.E.2d 215 ; see generally People v. Pettway, 286 A.D.2d 865, 865, 730......
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People v. Cherry
...662 N.Y.S.2d 434 90 N.Y.2d 891, 685 N.E.2d 215 People v. Dale V. Cherry Court of Appeals of New York July 16, 1997 Ciparick, J. --- A.D.2d ----, 661 N.Y.S.2d 146 App.Div. 4, Ontario Denied. ...