Appellate Division of the Supreme Court of New York, 1995

People v. Cruz

People v. Cruz
Appellate Division of the Supreme Court of New York · Decided February 14, 1995
212 A.D.2d 413; 622 N.Y.S.2d 521; 1995 N.Y. App. Div. LEXIS 1560
People v. Cruz

Opinion of the Court

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 10, 1991, resentencing defendant, after a hearing, to a term of 1% to 5 years, upon a finding that he violated the term of probation imposed upon his plea of guilty of criminal *414possession of a controlled substance in the fifth degree, unanimously affirmed.

The People established by a preponderance of the evidence that defendant, on several occasions, willfully violated directives by his probation officers to report (CPL 410.70 [3]; People v Minard, 161 AD2d 607, lv denied 76 NY2d 861). In view of defendant’s willful disobedience and actions in violation of the prior plea bargain, the court properly resentenced him to a prison term of 1% to 5 years. Concur—Murphy, P. J., Rosenberger, Nardelli and Williams, JJ.

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