From Casetext: Smarter Legal Research

People v. Corby

Appellate Division of the Supreme Court of New York, Third Department
Nov 15, 1990
167 A.D.2d 682 (N.Y. App. Div. 1990)

Opinion

November 15, 1990

Appeal from the County Court of Chemung County (Danaher, Jr., J.).


Although not claiming that the actual amount of his restitution was in error, defendant now argues that a reduction is nevertheless warranted due to his present economic situation. At the time of sentencing, defendant informed County Court that he wanted and intended to pay full restitution. In addition, defendant specifically acknowledged at his plea that, if given probation, he would pay the agreed-upon amount of restitution. Having received the sentence for which he bargained, it cannot be said that County Court abused its discretion in fixing the amount of restitution (see, People v. Palella, 148 A.D.2d 838, 839, lv denied 74 N.Y.2d 795).

Judgment affirmed. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.


Summaries of

People v. Corby

Appellate Division of the Supreme Court of New York, Third Department
Nov 15, 1990
167 A.D.2d 682 (N.Y. App. Div. 1990)
Case details for

People v. Corby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN M. CORBY…

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

Date published: Nov 15, 1990

Citations

167 A.D.2d 682 (N.Y. App. Div. 1990)

Citing Cases

People v. Oliver

The sentencing court properly denied the defendant's request to withdraw his guilty pleas since an order of…