Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered September 8, 2009.
Appellate Division, Fourth Department
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.
Decided on April 20, 2012
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of assault in the second degree (Penal Law § 120.05 ) and criminal mischief in the third degree (§ 145.05 ) and sentencing him to concurrent terms of imprisonment. Contrary to defendant's contention, County Court properly determined that the People met their burden of establishing by a preponderance of the evidence that defendant violated the terms and conditions of his probation (see People v Pringle, 72 AD3d 1629, 1629, lv denied 15 NY3d 855; People v Donohue, 64 AD3d 1187, 1188; People v Bergman, 56 AD3d 1225, lv denied 12 NY3d 756). The People provided the necessary "residuum of competent legal evidence" (Pringle, 72 AD3d at 1630 [internal quotation marks omitted]), and "the decision to revoke his probation will not be disturbed, [absent a] clear abuse of discretion" (Bergman, 56 AD3d 1225 [internal quotation marks omitted]).
Frances E. Cafarell Clerk of the Court
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