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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1990
168 A.D.2d 524 (N.Y. App. Div. 1990)

Opinion

December 10, 1990

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


Ordered that the judgment is modified, on the law and the facts, by deleting the provision thereof directing the defendant to pay $510 in restitution; as so modified, the judgment is affirmed.

Because the sentencing court made no findings as to the loss or damage caused by the offense, and the record does not contain sufficient evidence to support such a finding, that portion of the judgment directing the payment of restitution must be deleted (see, Penal Law § 60.27).

Since the defendant failed to raise his objections to the adequacy of his plea allocution in the County Court, his claim with respect thereto is unpreserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662; People v. Santana, 151 A.D.2d 518; People v. Maida, 147 A.D.2d 711; People v. Nicastro, 114 A.D.2d 979). Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1990
168 A.D.2d 524 (N.Y. App. Div. 1990)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIK R. SMITH…

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

Date published: Dec 10, 1990

Citations

168 A.D.2d 524 (N.Y. App. Div. 1990)
562 N.Y.S.2d 762

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