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People v. Woodworth

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 871 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Judgment of Steuben County Court, Bradstreet, J. — Burglary, 2nd Degree.

PRESENT: PINE, J. P., WISNER, HURLBUTT AND KEHOE, JJ.


Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum:

As conceded by the People, County Court erred in ordering restitution without a hearing. We therefore modify the judgment by vacating the amount of restitution, and we remit the matter to Steuben County Court for a hearing to determine the amount of restitution ( see, People v. Dibble [appeal No. 2], 277 A.D.2d 969 [decided Nov. 13, 2000]; People v. Wilson, 275 A.D.2d 1035 [decided Sept. 29, 2000]; see generally, People v. Consalvo, 89 N.Y.2d 140, 144; Penal Law § 60.27; CPL 400.30). The sentence is not unduly harsh or severe, nor was it improperly influenced by the victims' statements at sentencing ( see, CPL 380.50 [b]; cf., CPL 390.30 [b]; see generally, People v. Oyola, 215 A.D.2d 597, 597-598).


Summaries of

People v. Woodworth

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 871 (N.Y. App. Div. 2000)
Case details for

People v. Woodworth

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JEREL WOODWORTH…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 871 (N.Y. App. Div. 2000)
718 N.Y.S.2d 691

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