AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAY WEINBERG, Appellant.

Ordered that the amended sentence is affirmed.

Contrary to the defendant's contention, we discern no improvident exercise of the court's broad discretion in controlling the scope of cross-examination so as to prevent extensive inquiry into irrelevant or collateral areas (see, e.g., People v. McGriff, 201 A.D.2d 672). Moreover, the court properly limited the scope of the hearing to a determination of the amount of restitution (see, Penal Law § 60.27), and the record amply supports the amount fixed by the court for which the defendant and his codefendants are jointly and severally liable (see, e.g., People v. Hodge, 176 A.D.2d 1234; People v. Hall, 173 A.D.2d 729). Furthermore, the court correctly declined to consider the defendant's ability to pay in determining the amount of restitution pursuant to Penal Law § 60.27 (2) and in accordance with the terms of the order of remittitur (see, People v Weinberg, 183 A.D.2d 930; cf., Penal Law § 65.10 [g]).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) or without merit. Mangano, P.J., Bracken, Sullivan, Ritter and Copertino, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. WEINBERG
(Mar 13, 1995)