PEOPLE v. ROZARIO


20 Misc.3d 76 (2008)

864 N.Y.S.2d 674

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD ROZARIO, Appellant.

Supreme Court, Appellate Term, Second Department.

July 2, 2008.


Attorney(s) appearing for the Case

Law Offices of Mickey A. Steiman, Hyde Park (David L. Steinberg of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie (Heather A. Ryan of counsel), for respondent.

RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction modified as a matter of discretion in the interest of justice by deleting SOC 5 from the conditions of probation and by modifying SOC 13 in accordance with the decision herein; as so modified, affirmed.

Defendant contends that the accusatory instrument is insufficient on its face because it does not contain nonhearsay allegations that, if true...

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