People v. Padworski
Opinion of the Court
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered May 23, 2007, convicting defendant of violation of probation, revoking his prior sentence of probation and resentencing him to a.term of lVa to 4 years, unanimously reversed, on the law, the conviction of violation of probation vacated, defendant’s probationary status reinstated with respect to this indictment, and the matter remitted for further proceedings on the violation of probation.
A court “may not revoke a sentence of probation . . . unless (a) the court has found that the defendant has violated a condition of the sentence and (b) the defendant has had an opportunity to be heard” (CPL 410.70 [1]). In addition to this statutory right, a person charged with violation of probation has a constitutional right to dispute the existence of the violation or to present a justifiable excuse (see Black v Romano, 471 US 606, 612 [1985]). The proceedings of August 16 and
Case-law data current through December 31, 2025. Source: CourtListener bulk data.