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PEOPLE v. PRICE

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 13, 2000

Judgment unanimously affirmed.

Memorandum:

County Court properly ordered restitution without conducting a hearing. Defendant pleaded guilty with the knowledge that the court would order restitution in the amount of $18,845 with a 5% surcharge, as set forth in the pre-plea report prepared by the Probation Department, and she did not request a hearing ( see, People v. Kim, 91 N.Y.2d 407, 410-411; see also, People v. Consalvo, 89 N.Y.2d 140, 144). Furthermore, during the plea allocution, defendant admitted that she stole "approximately $20,000" from her mother ( see, People v. Consalvo, supra, at 144).