People v. Gahrey M. O.

Adjudication unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: We reject the contention of defendant that County Court erred in imposing restitution without conducting an evidentiary hearing regarding the victim’s actual out-of-pocket losses and defendant’s ability to pay. Defendant never requested a hearing and the record contains sufficient evidence to support the court’s finding that the victim’s actual out-of-pocket loss consisting of unreimbursed medical expenses is $11,000 (see, Penal Law § 60.27 [2]).

Defendant further contends that…