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PEOPLE v. BERGMAN

56 A.D.3d 1225 (2008)

866 N.Y.S.2d 918

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY T. BERGMAN, Appellant.

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

November 14, 2008.

Memorandum:

Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of attempted assault in the second degree (Penal Law §§ 110.00, 120.05) and sentencing him to a term of imprisonment. We reject defendant's contention that the People failed to establish by a preponderance of the evidence that defendant violated the conditions of his probation (see CPL 410.70 [1]; People v Maldonado,

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