| People v Crawford |
| 2009 NY Slip Op 03011 [61 AD3d 774] |
| April 14, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Flexton Crawford, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow andFay Ng of counsel), for respondent.
Appeal by the defendant from an amended judgment of the Supreme Court, Kings County(Leventhal, J.), rendered January 9, 2007, revoking a sentence of probation previously imposedby the same court, upon a finding that he violated a condition thereof, and imposing a sentenceof imprisonment upon his previous conviction of assault in the second degree.
Ordered that the amended judgment is affirmed.
The Supreme Court revoked the defendant's probation on the basis of his conviction ofcriminal contempt in the first degree. The defendant's contention that the Supreme Court actedimproperly in doing so because the declaration of delinquency alleged only that he had beencharged with the crime of assault in the second degree is unpreserved for appellate review (see People v Gantt, 48 AD3d 829[2008]) and, in any event, is without merit. The commission of an additional offense constitutesa ground for the revocation of probation (see CPL 410.10 [2]). The declaration ofdelinquency at issue here alleged that the defendant had "failed to lead a law-abiding life" andspecified the illegal conduct in which the defendant had allegedly engaged. By doing so, thedeclaration adequately set forth "the condition or conditions of the sentence violated and areasonable description of the time, place and manner in which the violation occurred" (CPL410.70 [2]) and thus "provided fair notice of the charged misconduct" (People v Simone, 13 AD3d 71, 71[2004]; see People v Gagnon, 245 AD2d 593, 594 [1997]). Spolzino, J.P., Florio, Millerand Eng, JJ., concur.