People v. Vito

Appellate Division of the Supreme Court of New York

People v. Vito

192 A.D.2d 671, 598 N.Y.S.2d 720

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

DecidedApril 19, 1993

StatusPublished

Cited by3 cases

This text of 192 A.D.2d 671 (People v. Vito) 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. Vito, 192 A.D.2d 671, 598 N.Y.S.2d 720 (N.Y. Ct. App. 1993).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered January 14, 1986, convicting him of criminal possession of stolen property in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the County Court failed to conduct a hearing before imposing restitution is unpreserved for appellate review (see, CPL 470.05 [2]) and we decline to reach it in the exercise of our interest of justice jurisdiction. Appellate challenges to the procedures utilized in determining and imposing sentence are forfeited if they are not raised in a timely manner before the trial court (see, People v Callahan, 80 NY2d 273, 281). Bracken, J. P., Miller, Lawrence, Copertino and Santucci, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered January 14, 1986, convicting him of criminal possession of stolen property in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the County Court failed to conduct a hearing before imposing restitution is unpreserved for appellate review (see, CPL 470.05 [2]) and we decline to reach it in the exercise of our interest of justice jurisdiction. Appellate challenges to the procedures utilized in determining and imposing sentence are forfeited if they are not raised in a timely manner before the trial court (see, People v Callahan, 80 NY2d 273, 281). Bracken, J. P., Miller, Lawrence, Copertino and Santucci, JJ., concur.

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Bluebook (online)

192 A.D.2d 671, 598 N.Y.S.2d 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vito-nyappdiv-1993.

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