People v. Nicometo

Appellate Division of the Supreme Court of New York

People v. Nicometo

309 A.D.2d 1172, 764 N.Y.S.2d 896, 2003 N.Y. App. Div. LEXIS 10128

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 2, 2003

StatusPublished

This text of 309 A.D.2d 1172 (People v. Nicometo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Nicometo, 309 A.D.2d 1172, 764 N.Y.S.2d 896, 2003 N.Y. App. Div. LEXIS 10128 (N.Y. Ct. App. 2003).

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Opinion

Appeal from an order of Genesee County Court (Noonan, J.), entered September 4, 2001, which, inter alia, ordered defendant to pay restitution in the amount of $11,179.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court properly ordered defendant to pay restitution in the amount of $11,179 based upon the testimony and documents received at the restitution hearing (see People v Consalvo, 303 AD2d 202 [2003]; People v Appleby, 295 AD2d 960 [2002], lv denied 99 NY2d 533 [2002]; People v Morales, 256 AD2d 729 [1998], lv denied 95 NY2d 868 [2000]). The People established by a preponderance of the evidence that the victim and its insurer sustained an out-of-pocket loss in that amount as a result of the offense (see CPL 400.30 [4]; Penal Law § 60.27 [1]; People v Francis L.M., 278 AD2d 919 [2000], lv denied 97 NY2d 754 [2002]; Morales, 256 AD2d at 729-730; People v Hodge, 176 AD2d 1234 [1991], lv denied 78 NY2d 1127 [1991]). Present — Pigott, Jr., P.J., Pine, Wisner and Kehoe, JJ.

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Appeal from an order of Genesee County Court (Noonan, J.), entered September 4, 2001, which, inter alia, ordered defendant to pay restitution in the amount of $11,179.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court properly ordered defendant to pay restitution in the amount of $11,179 based upon the testimony and documents received at the restitution hearing (see People v Consalvo, 303 AD2d 202 [2003]; People v Appleby, 295 AD2d 960 [2002], lv denied 99 NY2d 533 [2002]; People v Morales, 256 AD2d 729 [1998], lv denied 95 NY2d 868 [2000]). The People established by a preponderance of the evidence that the victim and its insurer sustained an out-of-pocket loss in that amount as a result of the offense (see CPL 400.30 [4]; Penal Law § 60.27 [1]; People v Francis L.M., 278 AD2d 919 [2000], lv denied 97 NY2d 754 [2002]; Morales, 256 AD2d at 729-730; People v Hodge, 176 AD2d 1234 [1991], lv denied 78 NY2d 1127 [1991]). Present — Pigott, Jr., P.J., Pine, Wisner and Kehoe, JJ.

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Bluebook (online)

309 A.D.2d 1172, 764 N.Y.S.2d 896, 2003 N.Y. App. Div. LEXIS 10128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nicometo-nyappdiv-2003.

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