(Download) "People State New York v. Andrew B. Millar" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Andrew B. Millar
- Author : Supreme Court of New York
- Release Date : January 15, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
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[144 A.D.2d 1032 Page 1032] Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court, Monroe County, for
further proceedings, all in accordance with the following memorandum: The court erred in summarily ordering defendant to pay
restitution of $2,032.93. Defense counsel contested the amount of loss or damage claimed by the People and expressly requested
that the court conduct a hearing. Where the record is insufficient to support a finding of the proper amount of restitution,
"the court must conduct a hearing upon the issue in accordance with the procedure set forth in section 400.30 of the criminal
procedure law" (Penal Law § 60.27 [2]; People v Dixon, 134 A.D.2d 877, 878). "Because defendant was convicted on his plea
of guilty, there was no proof developed as to the amount of loss sustained" (People v Dixon, supra, at 878; cf., People v
Clougher, 95 A.D.2d 860). It is apparent that the court improperly relied on amounts recited in the presentence report or
in a sentencing memorandum prepared by the Assistant District Attorney. Those documents do not provide a sufficient basis
upon which to order restitution without a hearing (see, People [144 A.D.2d 1032 Page 1033]