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PEOPLE v. PETTWAY

286 A.D.2d 865 (2001)

730 N.Y.S.2d 597

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODERICK PETTWAY, Appellant.

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

Decided September 28, 2001.

Judgment unanimously affirmed.

Memorandum:

Supreme Court's determination that defendant violated the terms and conditions of his probation is supported by legally sufficient evidence. The People properly established that defendant violated the terms and conditions of his probation by a preponderance of the evidence, which requires a residuum of competent legal evidence in the record (see, People v Oyebanji, 246 A.D.2d 560

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