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PEOPLE v. POMALES

37 A.D.3d 1098 (2007)

828 N.Y.S.2d 828

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO POMALES, Appellant.

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

Decided February 2, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment revoking his sentence of probation and imposing a sentence of incarceration. Contrary to defendant's contention, the determination that defendant violated the terms and conditions of his probation is supported by a preponderance of the evidence (see People v Oyebanji, 246 A.D.2d 560

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