PEOPLE v. MONTENEGRO

2015-07224. Ind. No. 673/12.

153 A.D.3d 553 (2017)

60 N.Y.S.3d 95

2017 NY Slip Op 05973

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MONTENEGRO, Appellant.

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

Decided August 2, 2017.


Ordered that the amended judgment is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for further proceedings in accordance herewith.

A court may not revoke a sentence of probation without finding that the defendant has violated a condition of the sentence and affording the defendant an opportunity to be heard (see CPL 410.70 [1]). The statutory requirements may be satisfied either by conducting a revocation hearing pursuant...

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