People v. Gavadin

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of Supreme Court entered October 20, 1994, resentencing him following a violation of probation to one year in the Erie County Correctional Facility. Defendant argues that he was improperly denied a restitution hearing before he was sentenced to a term of probation. The record on appeal contains a notice of appeal from only the judgment of October 20, 1994; nothing in the record indicates that defendant filed a notice of appeal from the original judgment of conviction. Under those circumstances, this Court may review…