People v. Hernandez

Summary

The Appellate Division, First Department, affirmed the denial of Arthur Hernandez's CPL 440.20 motion seeking to vacate a restitution order and obtain a jury hearing on the restitution amount. The court held that the defendant's argument under Apprendi v. New Jersey was foreclosed by the New York Court of Appeals' decision in People v. Horne and found his remaining arguments unavailing.

Holdings

1. Apprendi does not entitle defendant to a jury determination of the amount of restitution because the Court of Appeals has held otherwise in People v. Horne.
2. Defendant's remaining arguments were unavailing.

Questions Presented

1. Whether defendant was entitled under Apprendi v. New Jersey to a jury determination of the amount of restitution.
2. Whether defendant's remaining arguments warranted reversal of the order denying his CPL 440.20 motion.

Disposition

affirmed