Does a probation sentence of probation need to be revoked on appeal?
"New York", United States of America
The following excerpt is from People v. Walters, 164 Misc.2d 986, 627 N.Y.S.2d 289 (N.Y. Cty. Ct. 1995):
It is solely within the discretion of the trial court whether a sentence of probation should be revoked and such decision should not be disturbed on appeal unless there is a clear abuse of discretion (People v. Forman, 105 A.D.2d 984, 481 N.Y.S.2d 819 [3rd Dept.1984], citing People v. Slavin, 52 A.D.2d 1012, 383 N.Y.S.2d 685 [3rd Dept.1976].
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