Legal Opinion

People v. Welsher

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

Decided October 6, 1989PublishedCited by 11 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty to one count of attempted robbery, third degree. He was sentenced as a second felony offender to serve an indeterminate sentence of 1 Vi to 3 years and to make $900 restitution to the victim over a five-year period. Defendant’s sole claim on appeal is that the restitution provision of his sentence should be vacated because the court erred in ordering restitution without conducting a hearing to determine the amount.

Defendant is entitled to a hearing on the issue of the amount of…

2Cases cited6 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
  5. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1999
  2. People v. MichalekAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. HallAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. Jody M.Appellate Division of the Supreme Court of the State of New York · 1994

6 more not listed; retrieve them via the Exa API.

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