People v. Peavey

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered July 30, 2009, sentencing defendant to a term of one year for failing to pay restitution imposed in a prior judgment of conviction, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

Defendant received proper notice under CPL 420.10 (3) that she could be incarcerated if she failed to pay the full amount of court-ordered restitution. Although a subsequent restitution order made no mention of incarceration, and contained language to the effect…