People v Kislowski, 30 NY3d 1006 (2017)

2017 NY Slip Op 08169 [30 NY3d 1006]
November 21, 2017
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Joseph W. Kislowski, Appellant.

Decided November 21, 2017

People v Kislowski, 145 AD3d 1197, reversed.

{**30 NY3d at 1006} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the amended violation of probation petition dismissed.

[*2]

Defendant Joseph Kislowski appeals from an order of the Appellate Division, which affirmed County Court’s judgment, among other things, revoking defendant’s probation (People v Kislowski, 145 AD3d 1197 [3d Dept 2016]). County Court determined that defendant violated the terms of his probation, which prohibited him from associating with any convicted criminals, when on four occasions he picked up and walked the dog he once shared with his former intimate partner, who had a DWI misdemeanor conviction. The amended violation of probation{**30 NY3d at 1007} petition, which listed four dates on which defendant allegedly “had contact with” a convicted criminal, but did not include any additional information, was facially insufficient as it did not comport with the statutory requirement of providing probationer with the time, place, and manner of the alleged violation (CPL 410.70). Here, the defect in the amended petition was not cured by defendant’s questions posed to the court at the prior arraignment, the substance of which indicated that he did not have notice of the manner in which he allegedly violated a condition of his probation.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court Appeals (22 NYCRR 500.11), order reversed and amended violation of probation petition dismissed, in a memorandum.