People v. Travis

Mercure, J.P

(concurring). I respectfully concur. It is my view

that, as a result of this Court’s decision in People v Henry (64 AD3d 804 [2009] [decided herewith]), it has become unclear which factors must be considered by a court imposing restitution as part of a sentence that also includes a period of incarceration. Pursuant to this Court’s long-standing precedent, a defendant’s ability to pay is a mandatory consideration when restitution is ordered, regardless of whether the sentence includes a period of incarceration. Thus, defendant’s ability to pay should be considered upon remittal.

As…