PEOPLE v. SWIATOWY


280 A.D.2d 71 (2001)

721 N.Y.S.2d 185

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DALE A. SWIATOWY, Appellant. (Appeal No. 2.)

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

February 7, 2001.


Attorney(s) appearing for the Case

Shirley A. Gorman, Public Defender's Office, Rochester, for appellant.

Lawrence Friedman, District Attorney of Genese County, Batavia, for respondent.

HURLBUTT, KEHOE and LAWTON, JJ., concur.


OPINION OF THE COURT

PIGOTT, JR., P. J.

On this appeal, defendant contends that County Court had no authority to direct him to pay restitution 13 months after he was sentenced. On the facts of this case, we disagree.

The relevant facts are not in dispute. Defendant pleaded guilty to attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]), admitting during the plea allocution that he stabbed the victim with a knife, causing...

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