Legal Opinion
People v. Guise
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1992PublishedCited by 8 opinions
1Opinion of the Court
The court did err, however, by ordering restitution in the amount of $110 without conducting a hearing. Because the record does not contain sufficient evidence to determine the proper amount of restitution, the matter must be remitted for a hearing (Penal Law § 60.27 [2]; see, People v Fuller, 57 NY2d 152, 158-159; People v Ramirez, 98 AD2d 985; People v Clougher, 95 AD2d 860). The colloquy between the sentencing court and defense counsel was insufficient to establish the victim’s monetary loss (cf., People v Kelsky, 144 AD2d 386, 387, lv denied 73 NY2d 787). Accordingly, the matter is…
2Cases cited5 opinions
- People v. FullerNew York Court of Appeals · 1982
- People v. ClougherAppellate Division of the Supreme Court of the State of New York · 1983
- People v. ThigpenAppellate Division of the Supreme Court of the State of New York · 1978
- People v. KelskyAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RamirezAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by8 opinions
- People v. McCrayAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BeaudoinAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CarmelAppellate Division of the Supreme Court of the State of New York · 2002
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. BarrazaAppellate Division of the Supreme Court of the State of New York · 1995
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