PEOPLE v. JONES, JR.


50 A.D.3d 1058 (2008)

856 N.Y.S.2d 225

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE JONES, JR., Appellant.

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

Decided April 22, 2008.


Ordered that the amended judgment is affirmed.

The County Court properly admitted into evidence at the defendant's violation of probation hearing the defendant's two positive Alco-Sensor test results, notwithstanding that the probation officers who administered the tests may not have maintained a continuous observation of the defendant for 15 minutes prior to the tests (see 10 NYCRR 59.5 [b]). The failure of the probation officers to continuously observe the...

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