Legal Opinion

People v. Fortunato

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

Decided December 26, 2012Published

1Opinion of the Court

At the time of the defendant’s plea of guilty, the prosecutor noted that the plea agreement included an obligation on the part of the defendant to make restitution, and the defense counsel acknowledged that this also was his understanding and the understanding of the defendant. The amount of restitution was subsequently set forth in an updated presentence report, was mentioned by the prosecutor at the sentencing proceeding, and thereafter was imposed by the County Court during the sentencing, with no defense objection ever being made regarding the amount of restitution or the manner in which…

2Cases cited5 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. HorneNew York Court of Appeals · 2002
  3. People v. KimNew York Court of Appeals · 1998
  4. People v. FrancisAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. JaramilloAppellate Division of the Supreme Court of the State of New York · 2012

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