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PEOPLE v. HUBEL

1397/10. 5610A.

158 A.D.3d 539 (2018)

71 N.Y.S.3d 453

2018 NY Slip Op 01154

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAMAZ HUBEL, Appellant.

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

Decided February 20, 2018.

A finding, by a preponderance of the evidence, that a defendant has violated a condition of probation (see CPL 410.70 [3]) may not be based on hearsay evidence alone (see People v Pettway, 286 A.D.2d 865 [4th Dept 2001], lv denied 97 N.Y.2d 686 [2001]). Here, on several occasions during the probation revocation hearing, the court indicated that its determination that defendant...

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