PEOPLE v. NEUROTH


172 A.D.2d 886 (1991)

The People of the State of New York, Respondent, v. Keith A. Neuroth, Appellant

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

April 4, 1991


After a hearing, County Court determined that defendant violated a specific condition of his probation and, therefore, the court modified defendant's probation by sentencing him to 30 days in the County Jail. We initially find no merit to defendant's contention that the use of the preponderance of the evidence standard deprives him of his liberty without due process of law. Not only does the statute provide for the use of this standard (CPL 470.10 [3]), but case law has held...

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