Opinion
March 4, 1996
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the amended judgment is affirmed.
It is well established that a finding of a violation of probation must be based upon a preponderance of the evidence ( see, People v Yutesler, 177 A.D.2d 732, citing People v Machia, 96 A.D.2d 1113; see also, CPL 410.70; People v Powell, 209 A.D.2d 645; People v Bushey, 114 A.D.2d 690). The County Court's determination that the defendant violated a condition of his probation is supported by a preponderance of the evidence in the record.
The defendant's remaining contentions are without merit. Santucci, J.P., Krausman, Goldstein and Florio, JJ., concur.