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People v. Consalvo

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1995
222 A.D.2d 302 (N.Y. App. Div. 1995)

Opinion

December 19, 1995

Appeal from the Supreme Court, Bronx County (Steven Barrett, J.).


The court properly denied defendant's motion to withdraw his plea without granting defendant a hearing ( People v Tinsley, 35 N.Y.2d 926, 927). The record supports the court's finding that defendant's plea was "voluntarily, knowingly and intelligently" entered without coercion and upon sound, competent advice by counsel ( People v Fiumefreddo, 82 N.Y.2d 536, 543).

Where defendant agreed to pay $500,000 in restitution, admittedly for monies he had wrongfully taken from the State, and the People's proof demonstrated that he had wrongfully obtained more than this amount, the record "contain[ed] sufficient evidence to support" the agreed-upon restitution and the court properly set restitution in this amount without first conducting a hearing (Penal Law § 60.27).

Defendant's rather lenient, bargained-for sentence is neither harsh nor excessive.

Concur — Murphy, P.J., Rosenberger, Ross and Nardelli, JJ.


Summaries of

People v. Consalvo

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1995
222 A.D.2d 302 (N.Y. App. Div. 1995)
Case details for

People v. Consalvo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY CONSALVO…

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

Date published: Dec 19, 1995

Citations

222 A.D.2d 302 (N.Y. App. Div. 1995)
636 N.Y.S.2d 3

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