Legal Opinion
People v. Schonfeld
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2009PublishedCited by 5 opinions
1Opinion of the Court
*450The court properly imposed restitution, without a hearing. No such hearing is required unless a defendant requests one, or the record lacks sufficient evidence to support a restitution finding (Penal Law § 60.27 [2]). Since defendant did not request a hearing until more than a month after the court calculated the amount of restitution and imposed sentence, the request was clearly untimely (see People v Seader, 278 AD2d 26 [2000], lv denied 96 NY2d 806 [2001]). Furthermore, the amount of restitution ordered was based upon sufficient evidence of loss, adduced during the trial (see People v…
2Cases cited9 opinions
- People v. DelgadoNew York Court of Appeals · 1992
- People v. ConsalvoNew York Court of Appeals · 1996
- People v. NoteyAppellate Division of the Supreme Court of the State of New York · 1980
- People v. CyrAppellate Division of the Supreme Court of the State of New York · 1986
- People v. BrowarnikAppellate Division of the Supreme Court of the State of New York · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. WalshAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SinghAppellate Division of the Supreme Court of the State of New York · 2013
- People v. MariniAppellate Division of the Supreme Court of the State of New York · 2018
- People v. SinghAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WalshAppellate Division of the Supreme Court of the State of New York · 2012