NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
October 22, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JUAN TAVAREZ, DEFENDANT-APPELLANT.
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered March 13, 2008, convicting defendant of violation of probation, and resentencing him to a term of 1 to 3 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Mazzarelli, Sweeny, Renwick, Richter, JJ.
The determination was based on a preponderance of the evidence (see CPL 410.70). There is no basis for disturbing the court's determinations concerning credibility. The evidence established that defendant violated the terms of his probation by committing a misdemeanor, and the fact that the arrest for that crime resulted in an adjournment in contemplation of dismissal does not warrant a different result.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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