People v. Morrishaw
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Assuming, without deciding, that the nearly 2V2-year delay between defendant’s sentencing and the modification of the restitution order did not divest County Court of jurisdiction over defendant (see People v Naumowicz, 76 AD3d 747, 749 [2010]; People v Knowles, 293 AD2d 770, 771 [2002]; People v Swiatowy, 280 AD2d 71, 73 [2001], lv denied 96 NY2d 868 *1089[2001]),2 we agree with defendant’s contention that the court did not have the authority to require him to make restitution to the funeral home. Pursuant to Penal Law § 60.27 (1), County Court is authorized to order restitution to the “victim”…
2Cases cited6 opinions
- People v. KimNew York Court of Appeals · 1998
- People v. Hall-WilsonNew York Court of Appeals · 1987
- People v. RussellAppellate Division of the Supreme Court of the State of New York · 2007
- People v. CruzNew York Court of Appeals · 1993
- People v. SwiatowyAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by6 opinions
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- People v. BurkettAppellate Division of the Supreme Court of the State of New York · 2012
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