Opinion
June 25, 1990
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the amended judgment is reversed, the sentence is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.
The defendant argues, and the People concede, that the sentence must be vacated. We agree. There was no hearing held prior to the court's decision to revoke the defendant's sentence of probation. CPL 410.70 provides that a court may not revoke a sentence of probation unless the court has found that the defendant has violated a condition of the sentence and the defendant has had an opportunity to be heard. Therefore this matter must be remitted for a revocation hearing pursuant to CPL 410.70. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.