—[*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.