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People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 553 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment is affirmed.

A hearing with respect to the proper amount of restitution was not warranted under the circumstances present here, where the defendant explicitly admitted the amount of the victim's monetary loss ( see, People v. Kade, 153 A.D.2d 907; People v. Kelsky, 144 A.D.2d 386, 387).

Inasmuch as the defendant pleaded guilty with the understanding that he would receive a sentence of no more than one to three years imprisonment and he thereafter received that sentence, he has no basis to now complain that the sentence imposed is excessive ( see, People v. Kazepis, 101 A.D.2d 816). O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 553 (N.Y. App. Div. 1996)
Case details for

People v. Stewart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CECIL STEWART…

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

Date published: Jul 22, 1996

Citations

229 A.D.2d 553 (N.Y. App. Div. 1996)
644 N.Y.S.2d 1022