A court "may not revoke a sentence of probation . . . unless (a) the court has found that the defendant has violated a condition of the sentence and (b) the defendant has had an opportunity to be heard" (CPL 410.70 [1]). In addition to this statutory right, a person charged with violation of probation has a constitutional right to dispute the existence of the violation or to present a justifiable excuse (see Black v Romano,
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PEOPLE v. PADWORSKI
63 A.D.3d 558 (2009)
880 N.Y.S.2d 486
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNATHAN PADWORSKI, Also Known as GERALD DAVIS, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 23, 2009.
Decided June 23, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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