People v. Dillon

Garni, J. (dissenting in part).

I respectfully disagree with the conclusion of my colleagues that defendant failed to preserve for our review his contention that County Court failed to consider his ability to pay the restitution. I also disagree that the record establishes that the court considered defendant’s ability to pay the restitution in the total amount of $39,903.68. Therefore, I dissent in part.

Upon his conviction of criminal mischief in the third degree (Penal Law § 145.05 [2]), defendant was sentenced to five years of probation and ordered to pay restitution to two victims in the…