People v. Shannon, 139 A.D.3d 1250 (N.Y. App. Div. 2016). · Go Syfert
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People v. Shannon, 139 A.D.3d 1250 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Ryan (nyappdiv, 2019-10-24)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Ryan
N.Y. App. Div. · 2019 · confidence medium
Defendant's further challenge to the amount of restitution imposed is unpreserved for appellate review as he failed to either request a restitution hearing or otherwise challenge the amount of restitution during the sentencing proceeding ( see People v Horne , 97 NY2d 404 , 414 n 3 [2002]; People v Johnson , 151 AD3d 1462, 1466 [2017], lv denied 30 NY3d 1106 [2018]; People v Shannon , 139 AD3d 1250, 1250 [2016], lv denied 28 NY3d 974 [2016]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
Finally, although defendant’s challenge to the amount of restitution is not precluded by the valid appeal waiver (see People v Ortiz, 148 AD3d 1291, 1292 [2017]), it is nevertheless unpreserved for our review in light of his failure to request a hearing or object to the amount at sentencing (see People v Shannon, 139 AD3d 1250, 1250-1251 [2016], lv denied 28 NY3d 974 [2016]; People v Williams, 123 AD3d 1374 , 1375 [2014], lv denied 25 NY3d 954 [2015]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
Finally, although defendant’s challenge to the amount of restitution is not precluded by the valid appeal waiver (see People v Ortiz, 148 AD3d 1291, 1292 [2017]), it is nevertheless unpreserved for our review in light of his failure to request a hearing or object to the amount at sentencing (see People v Shannon, 139 AD3d 1250, 1250-1251 [2016], lv denied 28 NY3d 974 [2016]; People v Williams, 123 AD3d 1374 , 1375 [2014], lv denied 25 NY3d 954 [2015]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
Finally, although defendant’s challenge to the amount of restitution is not precluded by the valid appeal waiver (see People v Ortiz, 148 AD3d 1291, 1292 [2017]), it is nevertheless unpreserved for our review in light of his failure to request a hearing or object to the amount at sentencing (see People v Shannon, 139 AD3d 1250, 1250-1251 [2016], lv denied 28 NY3d 974 [2016]; People v Williams, 123 AD3d 1374 , 1375 [2014], lv denied 25 NY3d 954 [2015]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2017 · confidence medium
Finally, defendant’s appellate challenge to the restitution award is unpreserved, as he neither requested a restitution hearing nor objected to the amount imposed (see People v Horne, 97 NY2d 404 , 414 n 3 [2002]; People v Shannon, 139 AD3d 1250, 1250 [2016], lv denied 28 NY3d 974 [2016]).
Retrieving the full opinion text from the archive…
People
v.
Shannon
106678.
Appellate Division of the Supreme Court of the State of New York.
May 19, 2016.
139 A.D.3d 1250
Cited by 5 opinions  |  Published

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: May 19, 2016 106678 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER STEVEN R. SHANNON, Appellant. ________________________________

Calendar Date: April 19, 2016 Before: Peters, P.J., Garry, Rose, Clark and Aarons, JJ.

__________

Hinman, Howard & Kattell, LLP, East Greenbush (Linda B. Johnson of counsel), for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Sophie J. Marmor of counsel), for respondent.

__________

Aarons, J.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 13, 2014, convicting defendant upon his plea of guilty of the crime of identity theft in the second degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to identity theft in the second degree stemming from his fraudulent use of department store credit accounts to purchase multiple gift cards. He was sentenced as a second felony offender in accordance with the terms of the plea agreement to a prison term of 1½ to 3 years and ordered to pay restitution in the amount of $2,310. Defendant now appeals.

-2- 106678

Defendant's challenge to the restitution imposed is not preserved for our review as there was no objection to the amount of restitution or a request for a restitution hearing at the time of sentencing (see People v Williams, 123 AD3d 1374, 1375 [2014], lv denied 25 NY3d 954 [2015]; People v Sparbanie, 110 AD3d 1119, 1120 [2013], lv denied 22 NY3d 1203 [2014]). Moreover, there is sufficient evidence in the record to support County Court's imposition of the restitution amount requested (see Penal Law § 60.27 [2]; People v Sparbanie, 110 AD3d at 1120; People v Heier, 73 AD3d 1392, 1393 [2010], lv denied 15 NY3d 805 [2010]). To the extent that defendant contends that he was deprived of the effective assistance of counsel due to counsel's failure to request a restitution hearing, we find it to be without merit (see People v Faranda, 86 AD3d 862, 863 [2011], lv denied 17 NY3d 903 [2011]).

Peters, P.J., Garry, Rose and Clark, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court