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People v Callahan (Judith)
2006 NY Slip Op 51172(U) [12 Misc 3d 133(A)]
Decided on January 30, 2006
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 30, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ
2005-193 P CR.

The People of the State of New York, Respondent,

against

Judith Callahan, Appellant.


Appeal from amended judgments of the Justice Court of the Town of Carmel, Putnam County (James F. Reitz, J.), rendered February 1, 2005. The amended judgments revoked a sentence of probation previously imposed, upon a finding defendant violated a condition thereof, and imposed a sentence of six months' incarceration upon her previous conviction of criminal contempt in the second degree and six months' incarceration upon her previous conviction of aggravated harassment in the second degree, said sentences to run consecutively.


Amended judgments of conviction unanimously affirmed.

After reviewing the record and the issues raised on appeal, we find that defendant was afforded all the procedural safeguards required and that her violation of probation was established by a preponderance of the evidence (see CPL 410.10, 410.30, 410.70; see also Black v Romano, 471 US 606 [1985]; Gagnon v Scarpelli, 411 US 778 [1973]). In addition, we note that under the circumstances presented, the sentences imposed were not excessive.
Decision Date: January 30, 2006