AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THE PEOPLE, etc., respondent, v. JEFFREY PESTONE, appellant. (Ind. No. 93-01601)

DECISION ORDER

ORDERED that the amended judgment is affirmed.

Under the circumstances of this case, the court providently exercised its discretion in revoking the defendant's sentence of probation, which was conditioned in large measure upon the payment of restitution, and sentencing the defendant to a period of incarceration (see, People v. Martinich, 258 A.D.2d 742 ; People v. Carrington, 178 A.D.2d 648 ; People v. Sichenzia, 155 A.D.2d 702 ; People v. Felman, 141 A.D.2d 889 ; People v. Wojcieszek, 140 A.D.2d 972 ). Contrary to the defendant's contentions, his probation was revoked because of his failure to abide by the terms thereof, including the payment of restitution. To the extent that the defendant was unable to pay restitution due to his subsequent Federal conviction and incarceration, this was a self-created hardship (see, Matter of Knights v. Knights, 71 N.Y.2d 865 ).

The defendant's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. PESTONE
(Feb 24, 2000)