Legal Opinion

People v. Millar

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

Decided November 15, 1988PublishedCited by 7 opinions

1Opinion of the Court

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court, Monroe County, for further proceedings, all in accordance with the following memorandum: The court erred in summarily ordering defendant to pay restitution of $2,032.93. Defense counsel contested the amount of loss or damage claimed by the People and expressly requested that the court conduct a hearing. Where the record is insufficient to support a finding of the proper amount of restitution, "the court must conduct a hearing upon the issue in accordance with the procedure set forth in…

2Cases cited4 opinions

  1. People v. FullerNew York Court of Appeals · 1982
  2. People v. ClougherAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. DixonAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. SommerAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by7 opinions

  1. People v. BentivegnaAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. WestAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. BartonAppellate Division of the Supreme Court of the State of New York · 1999

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