People v Tavarez

People v Tavarez 2009 NY Slip Op 07485 [66 AD3d 552] October 22, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
Juan Tavarez, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Jennifer Eisenberg of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered March 13, 2008, convicting defendant of violation of probation, and resentencing him to a term of 1 to 3 years, unanimously affirmed.

The determination was based on a preponderance of the evidence (see CPL 410.70 [3]). There is no basis for disturbing the court's determinations concerning credibility. The evidence established that defendant violated the terms of his probation by committing a misdemeanor, and the fact that the arrest for that crime resulted in an adjournment in contemplation of dismissal does not warrant a different result. Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.