Judgment unanimously reversed on the law, declaration of delinquency vacated and sentence of probation reinstated.
Memorandum:
The People did not sustain their burden of proving by a preponderance of the evidence that defendant violated a condition of probation (see, CPL 410.70 [3]). The only material evidence offered was the transcript of prior testimony at the underlying criminal trial.
Although the transcript was admissible at the probation...
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