Legal Opinion

People v. Allen

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

Decided May 5, 2003PublishedCited by 5 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered July 25, 2001, convicting her of burglary in the third degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the County Court failed to conduct a hearing or adduce any evidence to determine the amount of restitution imposed. However, this claim is unpreserved for appellate review since the defendant failed to request a hearing or challenge the amount of restitution imposed at sentencing (see People v Horne, 97 NY2d 404, 414 n 3…

2Cases cited1 opinion

  1. People v. HorneNew York Court of Appeals · 2002

3Cited by5 opinions

  1. People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. BaezAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. LawsonAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. ToomerAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. WrightAppellate Division of the Supreme Court of the State of New York · 2006

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