People v. Rockefeller
| Decision Date | 30 December 2010 |
| Citation | 79 A.D.3d 1527,913 N.Y.S.2d 417 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jeffrey Michael ROCKEFELLER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Leyla A. Kiosse, Albany, for appellant.
P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.
Before: MERCURE, J.P., MALONE JR., STEIN, McCARTHY and EGAN JR., JJ.
MALONE JR., J.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered August 12, 2009, which revoked defendant's probation and imposed a sentence of imprisonment.
Defendant was charged in an indictment with making a terroristic threat and aggravated harassment in the second degree after he threatened to murder an Assistant District Attorney in the Rensselaer County District Attorney's office. In June 2008, he pleaded guilty to attempted making a terroristic threat and was sentenced to five years of probation. Less than a year later, defendant was arrested and charged with similar crimes-making a terroristic threat, stalking in the third degree and aggravated harassment in the second degree-arising out of death threats made to an investigator for the Rensselaer County District Attorney's office, as well as to the investigator's immediate family. Thereafter, defendant was charged with violating the condition of his probation that prohibited him from violating any federal, state or local laws. Following a hearing, County Court terminated defendant's probation and sentenced him to 1 1/3 to 4 years in prison. Defendant appeals and we affirm.
A probation violation must be established by a preponderance of the evidence ( see CPL 410.70[3]; People v. Cruz, 35 A.D.3d 898, 899, 824 N.Y.S.2d 808 [2006], lv. denied 8 N.Y.3d 845, 830 N.Y.S.2d 704, 862 N.E.2d 796 [2007] ). Here, defendant's probation officer testified that defendant informed her that he was going to beat the investigator and that the investigator "should hope that he doesn't die from his beatings." The Rensselaer County District Attorney testified that defendant said to him, "[Y]our investigator ... is a dead man." The investigator testified that he began receiving threatening phone calls in August 2008 and that, although defendant identified himself by name on only one occasion, the investigator always recognized defendant's voice because the two had spoken with one another more than 100 times. According to the investigator,defendant threatened his life during every...
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