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26 Mar 2010, 5:08 pm by Brian Shiffrin
Although the lower court had not abused its discretion in revoking the sentence of probation based upon defendant's admitted violations thereof, the Fourth Department in People v Rapone (2010 NY Slip Op 02611 [4th Dept 3/26/2010])reversed that court's revocation of probation based on a probation violation and its imposition of a prison sentence, and ordered that the sentence of probation originally imposed be continued. [read post]