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People v. NathanPeople v. Nathan

Appellate Division of the Supreme Court of the State of New York
Dec 14, 2010
Versions:79 A.D.3d 910
912 N.Y.S.2d 412

Ordered that the judgment is affirmed.

The defendant maintains that the restitution component of the judgment in the sum of $878.50 should be vacated because the County Court failed to fix the time and manner of performance on the record at the time of sentencing. This claim is unpreserved for appellate review (see CPL 470.05 [2]; People v Toxey, 86 NY2d 725, 726 [1995]; People v Bruno, 73 AD3d 941, 942 [2010]; People v Harris, 72 AD3d 1110, 1112 [2010]). In any event, contrary to the defendant‘s contention, the record reveals that the County Court fixed the amount of restitution and directed the manner of performance at sentencing (see CPL 420.10; Penal Law § 60.27; People v Brown, 70 AD3d 1378, 1379 [2010]; cf. People v Jackson, 180 AD2d 755 [1992]). Fisher, J.P., Dillon, Balkin, Chambers and Sgroi, JJ., concur.

Case Details

Case Name: People v. Nathan
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 14, 2010
Citations: 79 A.D.3d 910; 912 N.Y.S.2d 412
Court Abbreviation: N.Y. App. Div.
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