PEOPLE v. CASTIGLIONE (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant was convicted upon his plea of guilty of driving while ability impaired by drugs as a class E felony (Vehicle and Traffic Law §§ 1192 [4]; 1193 [1] [c] [i] [A]) and was sentenced to a period of probation. Defendant now appeals from a judgment revoking the sentence of probation and sentencing him, upon a determination that he violated the conditions of probation, to an indeterminate term of incarceration.

Contrary to defendant's contention, the People established by a preponderance of the evidence that he violated a condition of his probation (see CPL 410.70 [3]; People v. Bailey, 181 A.D.3d 1243, 1244, 119 N.Y.S.3d 656 [4th Dept. 2020]). Although the People did not offer into evidence the terms and conditions of probation, County Court later stated when rendering its determination that it took judicial notice of them (see generally People v. Williams, 164 A.D.3d 845, 845-846, 79 N.Y.S.3d 536 [2d Dept. 2018]; People v. Hill, 148 A.D.3d 1469, 1470, 50 N.Y.S.3d 614 [3d Dept. 2017], lv denied 29 N.Y.3d 1080, 64 N.Y.S.3d 170, 86 N.E.3d 257 [2017]). Based on the evidence presented at the hearing, the court determined that defendant was aware of those terms and conditions and that he violated them “by absconding and fail[ing] to report to probation as required” (see People v. Pruett, 191 A.D.3d 1423, 1423, 138 N.Y.S.3d 415 [4th Dept. 2021], lv denied 36 N.Y.3d 1099, 144 N.Y.S.3d 122, 167 N.E.3d 1257 [2021]; Bailey, 181 A.D.3d at 1244, 119 N.Y.S.3d 656).