Legal Opinion
People v. West
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1988PublishedCited by 4 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Ontario County Court for further proceedings, in accordance with the following memorandum: The court erred in ordering defendant to pay restitution of $6,081.35 without conducting a hearing to determine the proper amount of restitution (see, Penal Law § 60.27 [2]; cf, CPL 400.30). Where the record is insufficient to support a finding as to the proper amount of restitution, "the court must conduct a hearing” (Penal Law § 60.27 [2]; People v Bentivegna, 145 AD2d 899; People v Millar, 144 AD2d 1032; People v…
2Cases cited6 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. DixonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SommerAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BentivegnaAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by4 opinions
- People v. BernierAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1990
- People v. ArnettAppellate Division of the Supreme Court of the State of New York · 1994
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2001