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People v. Wilcox

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1996
234 A.D.2d 1007 (N.Y. App. Div. 1996)

Opinion

December 30, 1996.

Judgment unanimously affirmed.

Present — Pine, J.P., Lawton, Callahan, Doerr and Boehm, JJ.


County Court did not abuse its discretion when it sentenced defendant to an indeterminate term of incarceration of 3 to 9 years and ordered him to make restitution in the amount of $4,000 and to pay a mandatory surcharge of $155. Defendant waived a hearing on the issue of restitution ( see, Penal Law § 60.27) and did not challenge the amount of restitution sought by the victim. The record before the court was sufficient to support a finding of the appropriate amount ( see, People v Fuller, 57 NY2d 152; People v Petix, 234 AD2d 994 [decided herewith]; People v Welsher, 154 AD2d 915, 916, lv denied 74 NY2d 952). Because defendant had not made restitution at the time of sentencing, the court did not err in directing restitution and imposing the mandatory surcharge ( see, Penal Law § 60.35; People v Burks, 195 AD2d 1014, 1015, Iv denied 82 NY2d 804; People v De Berry, 117 AD2d 1006). (Appeal from Judgment of Cattaraugus County Court, Himelein, J."Attempted Burglary, 1st Degree.)


Summaries of

People v. Wilcox

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1996
234 A.D.2d 1007 (N.Y. App. Div. 1996)
Case details for

People v. Wilcox

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIRBY RALPH WILCOX…

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

Date published: Dec 30, 1996

Citations

234 A.D.2d 1007 (N.Y. App. Div. 1996)
652 N.Y.S.2d 680
651 N.Y.S.2d 811

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