Legal Opinion
People v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 1997PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in ordering him to pay restitution without conducting a hearing. At sentencing, the court indicated that it was in possession of a receipt submitted by the victim regarding her out-of-pocket expenses in repairing damage to her house caused by defendant. Defense counsel agreed that the amount was "substantiated by the receipts” and declined the court’s offer to conduct a hearing. Thus, defendant conceded the facts necessary to establish the amount of restitution (see, People v Consalvo, 89 NY2d 140, 145;…
2Cases cited4 opinions
- People v. ConsalvoNew York Court of Appeals · 1996
- People v. LugoAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BarnettAppellate Division of the Supreme Court of the State of New York · 1997
- People v. SerafiniAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
- People v. HuffmanAppellate Division of the Supreme Court of the State of New York · 2001
- People v. ChambersAppellate Division of the Supreme Court of the State of New York · 1997
- People v. RocklinAppellate Division of the Supreme Court of the State of New York · 1999
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2004
- People v. AldingerAppellate Division of the Supreme Court of the State of New York · 1997