People v. Flinn
Opinion of the Court
Memorandum: In appeal No. 1, defendant appeals from a judgment revoking the sentence of probation previously imposed upon her conviction of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]) and imposing a sentence of one year in jail based on her violation of the terms and conditions of her probation. In appeal No. 2, defendant appeals from a judgment revoking the sentence of probation previously imposed upon her conviction of assault in the second degree (Penal Law § 120.05 [1]) and imposing a sentence of imprisonment based on her violation of the terms and conditions of her probation.
We reject the contention of defendant in each appeal that the People failed to establish by a preponderance of the evidence that defendant violated the terms and conditions of her probation (see CPL 410.70 [1], [3]; People v Donohue, 64 AD3d 1187 [2009]; People v Bergman, 56 AD3d 1225 [2008], lv denied 12 NY3d 756 [2009]). The People established that defendant oper
Case-law data current through December 31, 2025. Source: CourtListener bulk data.