People v. Woodworth

278 A.D.2d 871, 718 N.Y.S.2d 691, 2000 N.Y. App. Div. LEXIS 13710

Opinion

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum: As conceded by the People, County Court erred in ordering restitution without a hearing. We therefore modify the judgment by vacating the amount of restitution, and we remit the matter to Steuben County Court for a hearing to determine the amount of restitution (see, People v Dibble [appeal No. 2], 277 AD2d 969; People v Wilson, 275 AD2d 1035; see generally, People v Consalvo, 89 NY2d 140, 144; Penal Law § 60.27 [2]; CPL 400.30). The sentence is not unduly harsh or severe, nor was it improperly influenced by the victims’ statements at sentencing (see, CPL 380.50 [2] [b]; cf, CPL 390.30 [3] [b]; see generally, People v Oyola, 215 AD2d 597, 597-598). (Appeal from Judgment of Steuben County Court, Bradstreet, J. — Burglary, 2nd Degree.) Present — Pine, J. P., Wisner, Hurlbutt and Kehoe, JJ.