Court of Appeals of New York

Defendant's sentence for violating the terms of his supervised release is vacated where, although the trial court was not required to conduct an evidentiary hearing or to determine by a preponderance of the evidence that defendant was guilty of the thefts in the course of his supervised release of which he was accused, the judge should have considered defendant's argument that he was kicked out of a drug treatment program based on thin evidence of wrongdoing after inadequate investigation. Further, he should have allowed defendant to submit letters and testimony or affidavits from his mother and girlfriend about the money they claimed to have sent him.

Appellate Information

• Decided 02/16/2010
• Published 02/16/2010

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Court

• Court of Appeals of New York

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