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PEOPLE v. MASSAGLI

51 A.D.3d 486 (2008)

857 N.Y.S.2d 556

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD MASSAGLI, Appellant.

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

Decided May 8, 2008.

Although defendant agreed to make restitution of the amount in question, he made no statement to support the amount of restitution ordered by the court and the record is bereft of any basis for the award (see People v Consalvo, 89 N.Y.2d 140 [1996]). Furthermore, this defect in the sentence presents a question of law notwithstanding defendant's failure to request a restitution hearing (People v Fuller, 57...

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