PEOPLE v. PEAVEY

4322, 4154/00.

81 A.D.3d 544 (2011)

916 N.Y.S.2d 600

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEBRA PEAVEY, Appellant.

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

Decided February 22, 2011.


Defendant received proper notice under CPL 420.10 (3) that she could be incarcerated if she failed to pay the full amount of court-ordered restitution. Although a subsequent restitution order made no mention of incarceration, and contained language to the effect that it superseded prior orders, that order was simply a payment schedule. It could not have been reasonably interpreted to mean that the possibility of incarceration for nonpayment had been removed. Moreover, the...

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