People v. David N.

The defendant entered a plea of guilty to two counts of burglary in the second degree based on a promise that the court would impose a sentence of probation, community service and restitution. At the defendant’s request, a hearing was held pursuant to Penal Law § 60.27 and CPL 400.30 to determine "the fruits of the offense or the loss or damage caused by the offense” (Penal Law § 60.27 [2]). At the hearing, the prosecution presented the testimony of the two burglary victims and a police officer who interviewed the defendant after his arrest. The burglary victims itemized, their losses, which…