People v. Webber

Appeal from an order of the Wayne County Court (John B. Nesbitt, J.), entered January 15, 2014. The order directed defendant to pay restitution in the amount of $10,330.

It is hereby ordered that the order so appealed from is unanimously vacated.

Memorandum: Defendant was convicted upon his plea of guilty of, inter alia, criminal possession of stolen property in the fifth degree (Penal Law § 165.40). County Court sentenced him to a term of incarceration and scheduled a hearing to determine the amount of restitution to be imposed. Defendant did not appeal from the original judgment of conviction…