PEOPLE v. SPRAGIS


5 A.D.3d 814 (2004)

772 N.Y.S.2d 628

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL SPRAGIS, Appellant.

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

March 4, 2004.


Rose, J.

As a result of defendant's alleged use of marihuana, he was charged with violating a condition of his probation prohibiting him from consuming illegal substances. After a hearing, County Court sustained the charge and sentenced defendant to 60 days in jail and a continuation of probation. He now appeals.

While we agree with defendant that the evidence of his use of marihuana included hearsay, we cannot agree that the evidence was legally insufficient...

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