Legal Opinion

People v. Passalacqua

Appellate Division of the Supreme Court of the State of New York

Decided September 11, 2007PublishedCited by 6 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supremé Court, Suffolk County (Mullen, J.), rendered August 23, 2004, convicting him of petit larceny, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the sentencing court failed to conduct a hearing to determine the amount of restitution and the defendant’s ability to pay are unpreserved for appellate review (see People v Taylor, 245 AD2d 398 [1997]; People v Mi, 233 AD2d 517 [1996]; People v Lugo, 191 AD2d 648 [1993]). Schmidt, J.E, Krausman, Goldstein, Covello and Angiolillo,…

2Cases cited2 opinions

  1. People v. LugoAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. BaezAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. LawsonAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2014
  5. DILLON, DAVID, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011

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