People v. Monroe
Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts each of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the
We agree with defendant, however, that the court erred in ordering defendant to pay restitution “inasmuch as the recipient of the restitution[, Wayne County,] was not a ‘victim’ as defined by Penal Law § 60.27 (4) (b)” (People v Glasgow, 12 AD3d 1172, 1172-1173 [2004], lv denied 4 NY3d 763 [2005]; see People v Watson, 197 AD2d 880, 880-881 [1993]). We therefore modify the judgment accordingly. “Although a defendant may agree to pay [restitution] as part of a plea agreement” (People v Pelkey, 63 AD3d 1188, 1191 [2009], lv denied 13 NY3d 748 [2009]; see CPL 570.56), there is no evidence in this case that defendant did so. Finally, the sentence imposing concurrent terms of incarceration to be followed by a period of postrelease supervision is not unduly harsh or severe. Present — Centra, J.R, Fahey, Garni, Green and Gorski, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.