People v. White
Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Lewis County Court for further proceedings in accordance with the following Memorandum: Defendant was convicted upon his plea of guilty of attempted burglary in the
Additionally, remittitur is required because the itemized list supplied by the victim to the Probation Department provides dollar amounts for the losses suffered by the victim, but the total amount sought is inconsistent with the total of the individual items. Thus, it is not clear from the record how the court determined the amount of restitution (see, People v Sommer, 105 AD2d 1052, 1053). Nor is there sworn testimony sufficient to establish the amount of lost wages (see, People v Morales, 256 AD2d 729). The court’s reliance on the victim impact statement was inappropriate because the statement was not sworn (see, People v Welsher, 154 AD2d 915, 916, lv denied 74 NY2d 952). Thus, we modify the judgment by vacating the amount of restitution awarded, and we remit the matter to Lewis County Court for a hearing to determine the amount of restitution. (Appeal from Judgment of Lewis County Court, Merrell, J. — Attempted Burglary, 2nd Degree.) Present — Denman, P. J., Hayes, Hurlbutt, Scudder and Balio, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.