Legal Opinion
People v. Gettys
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1990No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Supreme Court erred when it directed defendant to pay $800 in restitution without first conducting a hearing on the amount of the restitution to be paid (see, Penal Law § 60.27 [2]; People v Fuller, 57 NY2d 152; People v Dixon, 134 AD2d 877). The People concede that this portion of the sentence must be vacated and the matter remitted for a restitution hearing. We otherwise find that defendant’s sentence was not unduly…
2Cases cited5 opinions
- People v. DawsonNew York Court of Appeals · 1980
- People v. FullerNew York Court of Appeals · 1982
- People v. DuboisAppellate Division of the Supreme Court of the State of New York · 1988
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
- People v. MackAppellate Division of the Supreme Court of the State of New York · 1997
- Robinson v. ArtusDistrict Court, W.D. New York · 2009
- People v. StoneAppellate Division of the Supreme Court of the State of New York · 1996
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SieteskiAppellate Division of the Supreme Court of the State of New York · 1997