PEOPLE v. WRIGHT


239 A.D.2d 945 (1997)

659 N.Y.S.2d 619

The People of the State of New York, Respondent, v. Charles Wright, Appellant

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

May 30, 1997


Judgment unanimously affirmed.

Memorandum:

Supreme Court erred in finding that defendant violated probation by failing to make restitution and perform community service. There is no evidence that defendant refused to perform either condition of probation. The probation order contains no schedule for the payment of restitution, but merely says that restitution is to be fully paid "when paid". At the hearing, which was conducted less than three months after...

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