PEOPLE v. SCHONFELD

4932, 3492/02, 177/03

68 A.D.3d 449 (2009)

2009 NY Slip Op 9057

890 N.Y.S.2d 512

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN SCHONFELD, Appellant.

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

Decided December 8, 2009.


The court properly imposed restitution without a hearing. No such hearing is required unless a defendant requests one, or the record lacks sufficient evidence to support a restitution finding (Penal Law § 60.27 [2]). Since defendant did not request a hearing until more than a month after the court calculated the amount of restitution and imposed sentence, the request was clearly untimely (see People v Seader, 278 A.D.2d 26 ...

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