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.