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PEOPLE v. SIMONE

13 A.D.3d 71 (2004)

785 N.Y.S.2d 82

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD SIMONE, Appellant.

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

December 2, 2004.

As the court concluded in its opinion (2 Misc.3d 469 [2003]), the preponderance of the evidence established that defendant violated a condition of his probation when he lied to the court in response to various questions, including those relating to his employment, an area subject to direct supervision under the terms of his probation. Defendant had fair notice that such conduct would be a violation of his probation, and the declaration...

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