Summary
This Appellate Division decision affirms a County Court judgment convicting the defendant of first-degree burglary following a guilty plea. The court upheld the imposition of $27,000 in victim restitution, finding that the trial court acted within its authority under Penal Law § 60.27 to award amounts exceeding the standard $15,000 cap when necessary to fully reimburse the victim. The defendant's remaining appeals were found to be without merit.
Topics
Practice areas
Questions Presented
- Whether the County Court erred in ordering restitution in excess of $15,000 for a felony conviction.
Holdings
- The County Court did not err; it was authorized to impose restitution in excess of $15,000 when the amount is needed to reimburse the victim.
Key quotations
“The County Court did not err in directing the defendant, after a hearing, to pay restitution in the amount of $27,000 (see Penal Law § 60.27[1], [2]; People v. Connolly, 27 NY3d 355, 359‑360; People v. Perez, 130 AD3d 1496, 1497; People v. Shortell, 30 AD3d 837, 837‑838; cf. People v. Wilson, 59 AD3d 807, 808‑809). The County Court was authorized to impose an amount of restitution in excess of $15,000 for the defendant's felony conviction, since the amount in excess of $15,000 represented the amount needed to reimburse the victim (see Penal Law § 60.27[5][b]; People v. Horne, 97 NY2d 404, 410‑414; People v. Simmons, 133 AD3d 896, 897).”
“ORDERED that the judgment is affirmed.”
Factual background
Marlon A. Washington pleaded guilty to first‑degree burglary. The County Court sentenced him and, after a hearing, ordered him to pay $27,000 in restitution to the victim.
Procedural history
The defendant pleaded guilty to first‑degree burglary in County Court, Dutchess County. The court sentenced him and ordered restitution of $27,000. The defendant appealed the restitution order.