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People v. Morales

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1998
256 A.D.2d 729 (N.Y. App. Div. 1998)

Opinion

December 10, 1998

Appeal from the judgment of the County Court of Montgomery County (Sise, J.).


Defendant pleaded guilty to the crime of attempted assault in the second degree in satisfaction of a three-count indictment. These charges stemmed from defendant's attack of Sean Thomas with a knife whereby the tendons in one of Thomas' hands were severed. As part of the plea agreement, defendant agreed to pay restitution. Following a CPL 400.30 hearing, he was ordered to pay $6,080 to Thomas for his lost wages. Defendant's sole challenge on appeal concerns the sufficiency of the evidence adduced at the hearing to support this figure.

We affirm. Contrary to defendant's assertion, Thomas' sworn testimony concerning his wages, which was specific and credited by County Court, was sufficient to establish his out-of-pocket losses by a preponderance of the evidence ( see, CPL 400.30; see also, People v. Welsher, 154 A.D.2d 915, 916, lv denied 74 N.Y.2d 952).

CARDONA, P. J., MIKOLL, WHITE, CARPINELLO and GRAFFEO, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Morales

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1998
256 A.D.2d 729 (N.Y. App. Div. 1998)
Case details for

People v. Morales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNESTO MORALES JR.…

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

Date published: Dec 10, 1998

Citations

256 A.D.2d 729 (N.Y. App. Div. 1998)
682 N.Y.S.2d 681

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