Legal Opinion

People v. Digiovanni

Appellate Terms of the Supreme Court of New York

Decided September 21, 2004Published

1Opinion of the Court

*59OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

Prior to entering a plea of guilty to the crime charged, defendant was advised that the commitment of no jail time was contingent upon his making reparation at or before sentencing. The court explicitly advised defendant that if he failed to make reparation for the victims’ out-of-pocket loss, or, if he claims that he cannot afford to pay reparation, he would be subject to incarceration. The People indicated that it would seek reparation in the sum of $55,000. After acknowledging that he both understood and agreed to…

2Cases cited5 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. People v. CaseyNew York Court of Appeals · 2000
  3. People v. SelikoffNew York Court of Appeals · 1974
  4. People v. AlmoAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. MonteroAppellate Terms of the Supreme Court of New York · 1984

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