People v. LaVilla
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendant appeals from an order of restitution arising from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25 [2]). We note at the outset that, “[a]s a general rule, a defendant may not appeal as of right from a restitution order in a criminal case . . . Here, however, [County C]ourt bifurcated the sentencing proceeding by severing the issue of restitution for a separate hearing, and thus ‘defendant may properly appeal as of right from both the judgment of conviction . . . and the sentence as amended . . . , directing payment of…
2Cases cited8 opinions
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- People v. PeriardAppellate Division of the Supreme Court of the State of New York · 2005
- People v. HowellAppellate Division of the Supreme Court of the State of New York · 2007
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