People v. Raymonda

Appellate Division of the Supreme Court of New York

People v. Raymonda

280 A.D.2d 926, 720 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 1117

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

DecidedFebruary 7, 2001

StatusPublished

This text of 280 A.D.2d 926 (People v. Raymonda) 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. Raymonda, 280 A.D.2d 926, 720 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 1117 (N.Y. Ct. App. 2001).

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Opinion

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Herkimer County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]). The sentence is neither unduly harsh nor severe. We agree with defendant, however, that County Court erred in determining the amount of restitution without conducting a hearing (see, People v Lynch, 255 AD2d 1001, lv denied 92 NY2d 1051). We therefore modify the judgment by vacating the amount of restitution, and we remit the matter to Herkimer County Court to determine the amount of restitution. (Appeal from Judgment of Herkimer County Court, Kirk, J. — Attempted Robbery, 1st Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Burns and Lawton, JJ.

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—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Herkimer County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]). The sentence is neither unduly harsh nor severe. We agree with defendant, however, that County Court erred in determining the amount of restitution without conducting a hearing (see, People v Lynch, 255 AD2d 1001, lv denied 92 NY2d 1051). We therefore modify the judgment by vacating the amount of restitution, and we remit the matter to Herkimer County Court to determine the amount of restitution. (Appeal from Judgment of Herkimer County Court, Kirk, J. — Attempted Robbery, 1st Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Burns and Lawton, JJ.

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Bluebook (online)

280 A.D.2d 926, 720 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-raymonda-nyappdiv-2001.

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