PEOPLE v. KELLY


238 A.D.2d 938 (1997)

661 N.Y.S.2d 149

The People of the State of New York, Respondent, v. Donald Kelly, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 25, 1997


Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in ordering him to pay restitution without conducting a hearing. At sentencing, the court indicated that it was in possession of a receipt submitted by the victim regarding her out-of-pocket expenses in repairing damage to her house caused by defendant. Defense counsel agreed that the amount was "substantiated by the receipts" and declined the court's offer to conduct a hearing...

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