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PEOPLE v. OSBORN

793 KA 17-00005.

198 A.D.3d 1364 (2021)

155 N.Y.S.3d 265

2021 NY Slip Op 05427

The People of the State of New York, Respondent, v. John Osborn, Appellant. (Appeal No. 2.).

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

Decided October 8, 2021.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN OSBORN, DEFENDANT-APPELLANT PRO SE.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.

Present— Centra, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the amount of restitution ordered and as modified the judgment is affirmed, and the matter is remitted to Onondaga County Court for a hearing to determine the amount of restitution.

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of grand larceny in the second degree (Penal Law § 155.40[1]), we agree with defendant's contention in...

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