PEOPLE v. BOLOGNA


67 A.D.2d 1004 (1979)

The People of the State of New York, Respondent, v. John Bologna, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 26, 1979


Amended judgment affirmed.

This case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (subd 5). The record clearly establishes that defendant violated the condition of his probation which proscribed association with known gamblers. His conduct demonstrated a "`calculated choice'" to associate with individuals who either had been previously convicted of gambling offenses or had been previously associated with defendant...

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