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PEOPLE v. COSTANZA, JR.

281 A.D.2d 120 (2001)

725 N.Y.S.2d 686

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHN F. COSTANZA, JR., Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 3, 2001.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany (Sarah W. Birn of counsel), for appellant.

Penelope D. Clute, District Attorney of Clinton County, Plattsburgh (Marybeth Dumont of counsel), for respondent.

CARDONA, P. J., MERCURE, MUGGLIN and ROSE, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

Defendant challenges whether the People proved by a preponderance of the evidence that he violated certain terms and conditions of his probation (see, CPL 410.70 [3]). Our review of the record established that they did. Moreover, contrary to defendant's contentions, no aspect of the notice in this matter, the probation violation hearing itself or County Court's decision revoking probation denied him due process...

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