PEOPLE v. MOTHERSELL

1452 KA 17-01204.

167 A.D.3d 1580 (2018)

90 N.Y.S.3d 466

2018 NY Slip Op 08876

The People of the State of New York, Respondent, v. James Mothersell, Appellant.

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

Decided December 21, 2018.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of grand larceny in the fourth degree (Penal Law § 155.30 [5]). County Court issued two orders of restitution, one of which defendant contends must be vacated because there was no mention of it during the plea proceeding and thus the sentence was improperly enhanced, and because there was no record...

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