Legal Opinion

People v. Nelson

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

Decided October 26, 2010PublishedCited by 17 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered March 9, 2009, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

On appeal, the defendant objects to the restitution provision of his sentence. However, since he failed to object at the time of sentencing, the defendant’s current claims regarding the imposition of restitution are unpreserved for appellate review (see People v Toomer, 61 AD3d 899 [2009]; People v Passalacqua, 43 AD3d 964 [2007]; People v…

2Cases cited4 opinions

  1. People v. PassalacquaAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. ToomerAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2003
  4. People v. VailAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by17 opinions

  1. People v. FrancisAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. CooperAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 2012

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