People v. Wright

Judgment unanimously affirmed. Memorandum: Supreme Court erred in finding that defendant violated probation by failing to make restitution and perform community service. There is no evidence that defendant refused to perform either condition of probation. The probation order contains no schedule for the payment of restitution, but merely says that restitution is to be fully paid "when paid”. At the hearing, which was conducted less than three months after defendant was sentenced, a representative of the State Insurance Fund testified that he expected to receive full payment of restitution the…