Amended judgment reversed, on the law and the facts, original judgment reinstated, and charges that defendant violated his probation dismissed. Assigned counsel's application to be relieved is deemed moot.
Defendant was charged with the commission of four offenses while on probation. While strict rules of evidence need not be followed at a probation violation hearing (CPL 410.70 [3]), a finding of probation violation must be based "upon a preponderance of the evidence...
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