People v. Stubbs
Cases that cite this one
6 later published cases cite this decision.
- People v. Ramsundar (Appellate Division of the Supreme Court of New York 2016)
- People v. Ward (Appellate Division of the Supreme Court of New York 2013)
- People v. Ward (Appellate Division of the Supreme Court of New York 2013)
- People v. Price (Appellate Division of the Supreme Court of New York 2012)
- People v. Baez (Appellate Division of the Supreme Court of New York 2008)
- People v. Charles (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the de
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.
As the defendant did not request a hearing to fix the amount of restitution and the record contained sufficient evidence to support a finding as to the out-of-pocket loss he caused, the County Court properly fixed the amount of restitution without holding a hearing (see, People v Kim, 91 NY2d 407). The amount of restitution was not excessive because “the ordinary meaning of ‘restitution’ is restoring someone to a position he occupied before a particular event” (Hughey v United States, 495 US 411, 416; see also, People v Purcell, 161 AD2d 812).
The defendant’s remaining contention is without merit. O’Brien, J. P., Friedmann, H. Miller and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.