(DOWNLOAD) "People v. Robert M. Gudat" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Robert M. Gudat
- Author : Supreme Court of New York
- Release Date : January 13, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
DECISION & ORDER The plea record and the presentence report were insufficient to enable the court to determine the proper
amount of restitution and, therefore, a hearing was required (see, People v Clugher, 95 A.D.2d 860). "While the [sentencing]
court acted properly in employing the Probation Department as a preliminary fact finder to ascertain the appropriate amount
of restitution * * * the court should have conducted a hearing upon receipt of the Probation Department's report. Moreover,
defendant's failure at the time of sentencing to request a hearing on the issue of restitution did not constitute a forfeiture
of his right of review by this court, as the failure to accord him a hearing on that issue constituted a departure from the
'essential nature' of the right to be sentenced as provided by law" (People v Clougher, supra, at 860). The defendant's remaining contention is without merit (see, People v Kazepis, 101 A.D.2d 816; People v Suitte, 90 A.D.2d
80).