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PEOPLE v. DIGIOVANNI

5 Misc.3d 58 (2004)

785 N.Y.S.2d 646

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v DENNIS DIGIOVANNI, Appellant.

Supreme Court, Appellate Term, Second Department.

September 21, 2004.

Attorney(s) appearing for the Case

George A. Terezakis, Mineola, for appellant.

Denis E. Dillon, District Attorney, Mineola (Lawrence J. Schwarz and Douglas Noll of counsel), for respondent.

McCABE, P.J., COVELLO and TANENBAUM, JJ.

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

Prior to entering a plea of guilty to the crime charged, defendant was advised that the commitment of no jail time was contingent upon his making reparation at or before sentencing. The court explicitly advised defendant that if he failed to make reparation for the victims' out-of-pocket loss, or, if he claims that he cannot...

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