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PEOPLE v. RUSHIN
Appellate Division of the Supreme Court of New York, Second Department.
Sep 13, 1993
Ordered that the amended judgment is affirmed.
Contrary to the defendant's position, the evidence adduced by the prosecution was not based entirely on improper hearsay. Rather, it included an admission by the defendant (i.e., an exception to the hearsay rule) to his probation officer that he had been discharged from the drug treatment program he had been required to successfully complete for failing to follow directions (see, People v Davis, 155 A.D.2d 610).
We have reviewed the defendant's remaining contentions and conclude that they are without merit. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.
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