PEOPLE v. JOHNSON


248 A.D.2d 403 (1998)

669 N.Y.S.2d 836

The People of the State of New York, Respondent, v. Albert Johnson, Appellant

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

March 2, 1998


Ordered that the amended judgment is modified, as a matter of discretion in the interest of justice, by (1) vacating the sentence imposed thereon and the declaration of delinquency, and (2) reinstating the previous sentence of probation without any period of interruption; as so modified, the amended judgment is affirmed.

While the testimony at the hearing established by a preponderance of the evidence that the defendant violated the terms of his probation (see...

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