PEOPLE v. BROWN (2006)

 Defendant appeals from a judgment revoking the term of probation imposed upon his conviction of assault in the second degree (Penal Law § 120.05 [2] ) and sentencing him to a term of incarceration.   Defendant contends that the decision of the Supreme Court in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 precludes the use of a firearms report at his probation violation hearing.   We reject that contention.   Although the revocation of probation results in a loss of liberty, it is not a criminal prosecution (see generally Gagnon v. Scarpelli, 411 U.S. 778, 782, 93 S.Ct. 1756, 36 L.Ed.2d 656;  Matter of Darvin M. v. Jacobs, 69 N.Y.2d 957, 959, 516 N.Y.S.2d 641, 509 N.E.2d 336).   Thus, Crawford, which “preserved defendant's right to confront witnesses in the context of a criminal prosecution,” does not apply (People v. Dort, 18 A.D.3d 23, 25, 792 N.Y.S.2d 236, lv. denied 4 N.Y.3d 885, 798 N.Y.S.2d 730, 831 N.E.2d 975).   In any event, any error in admitting the firearms report is harmless (see generally People v. Crimmins, 36 N.Y.2d 230, 237, 367 N.Y.S.2d 213, 326 N.E.2d 787).   The sentence is not unduly harsh or severe.

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

MEMORANDUM: