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People v. Concepcion

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1992
188 A.D.2d 483 (N.Y. App. Div. 1992)

Opinion

December 7, 1992

Appeal from the County Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The defendant's claim that restitution in the amount of $8,400 was illegally imposed upon him without a hearing pursuant to Penal Law § 60.27 (2) is without merit. The record unequivocally demonstrates that no restitution was imposed, but that the defendant instead stipulated to the payment of a civil forfeiture pursuant to CPLR 1311 (11) (a). Accordingly, his challenge to the legality of his sentence is unavailing.

With regard to the defendant's remaining contentions, appellate review of the remaining issues raised by the defendant was effectively waived by him as part of his plea bargain. Accordingly, the judgment of conviction is affirmed (see, People v Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.


Summaries of

People v. Concepcion

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1992
188 A.D.2d 483 (N.Y. App. Div. 1992)
Case details for

People v. Concepcion

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENZON A. CONCEPCION…

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

Date published: Dec 7, 1992

Citations

188 A.D.2d 483 (N.Y. App. Div. 1992)
591 N.Y.S.2d 57

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