State v. Cox

Defendant appeals from the sentence imposed following her guilty plea to theft in the first degree as charged. The accusatory instrument charged defendant with "theft of one (1) ladies dinner ring with one large sapphire surrounded by diamonds, the property of Mr. and Mrs. Harry C. Murphy.”

Defendant was sentenced to an indeterminate term not to exceed five years, execution of which was suspended, and defendant was placed on probation for five years. A condition of probation is that defendant make restitution to Mr. and Mrs. Murphy in the amount of $5,585. On appeal, defendant contends that…