Judgment unanimously reversed on the law and declaration of delinquency dismissed.
Memorandum:
Supreme Court's finding that defendant violated a condition of probation is not supported by a preponderance of the evidence (see, CPL 410.70 [3]). The People failed to establish that defendant operated his employer's motor vehicle in violation of the limitations of Vehicle and Traffic Law § 1198 (9). Furthermore, contrary to the People's contention,...
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