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People v. McCaffrey

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1998
254 A.D.2d 304 (N.Y. App. Div. 1998)

Opinion

October 5, 1998

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the amended judgment is affirmed.

The conditions of the defendant's probation included abstention from drug use as well as participation in and completion of a drug rehabilitation program. Contrary to the defendant's contention, the evidence at the hearing was sufficient to establish that he violated his probation since proof was adduced that he failed to complete the rehabilitation program. The violation was further established by the defendant's admission of drug use to his probation officer, who testified to this admission at the hearing ( see, People v. Stoliker, 94 A.D.2d 854, 856).

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

People v. McCaffrey

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1998
254 A.D.2d 304 (N.Y. App. Div. 1998)
Case details for

People v. McCaffrey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER McCAFFREY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 5, 1998

Citations

254 A.D.2d 304 (N.Y. App. Div. 1998)
680 N.Y.S.2d 103

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