PEOPLE v. MARTINEZ

2015-03904, Ind. No. 14-00622.

144 A.D.3d 708 (2016)

2016 NY Slip Op 07218

39 N.Y.S.3d 810

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC G. MARTINEZ, Appellant.

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

Decided November 2, 2016.


Ordered that the judgment is modified, on the law, by vacating the provisions thereof directing the defendant to make restitution in the sum of $73,000, plus a surcharge in the sum of $7,300; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for a hearing and new determination concerning the proper amounts of restitution and surcharge, and the manner of payment thereof.

The County Court erred in summarily ordering...

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