From Casetext: Smarter Legal Research

People v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 938 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Denman, P.J., Green, Lawton, Balio and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in ordering him to pay restitution without conducting a hearing. At sentencing, the court indicated that it was in possession of a receipt submitted by the victim regarding her out-of-pocket expenses in repairing damage to her house caused by defendant. Defense counsel agreed that the amount was "substantiated by the receipts" and declined the court's offer to conduct a hearing. Thus, defendant conceded the facts necessary to establish the amount of restitution ( see, People v Consalvo, 89 N.Y.2d 140, 145; People v. Serafini, 213 A.D.2d 1066, lv denied 85 N.Y.2d 980; cf., People v. Barnett, 237 A.D.2d 917) and did not seek the hearing that he was entitled to by law ( see, People v. Serafini, supra, at 1067; People v. Lugo, 191 A.D.2d 648).

We have considered the remaining contention of defendant and conclude that it is without merit. (Appeal from Judgment of Erie County Court, Drury, J. — Attempted Burglary, 2nd Degree.)


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 938 (N.Y. App. Div. 1997)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD KELLY, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 25, 1997

Citations

238 A.D.2d 938 (N.Y. App. Div. 1997)
661 N.Y.S.2d 149

Citing Cases

People v. Rocklin

We reject defendant's further contention that the court erred in ordering restitution without conducting a…

People v. Moore

We reject the further contention of defendant that County Court erred in fixing the amount of restitution to…