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People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 655 (N.Y. App. Div. 1988)

Opinion

May 23, 1988

Appeal from the County Court, Nassau County (Delin, J.).


Ordered that the sentence is modified, on the law and as a matter of discretion in the interest of justice, by deleting the provisions thereof concerning restitution; as so modified, the sentence is affirmed, and the matter is remitted to the County Court, Nassau County, for a hearing and a new determination concerning the proper amount of restitution and the manner of payment thereof.

The record submitted to this court contains insufficient information regarding the manner in which the amount of restitution was determined and the manner in which the restitution condition was to be satisfied by the defendant. Accordingly, the matter is remitted to the County Court, Nassau County, so that a hearing may be conducted with regard to these issues (see, People v Miller, 133 A.D.2d 784, lv denied 70 N.Y.2d 934; People v Barnes, 135 A.D.2d 825; Penal Law § 60.27).

The defendant's contention that the period of incarceration imposed was excessive has been considered and has been found to be without merit. Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 655 (N.Y. App. Div. 1988)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY WALKER, Appellant

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

Date published: May 23, 1988

Citations

140 A.D.2d 655 (N.Y. App. Div. 1988)

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