Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. OLIVER

Appellate Division of the Supreme Court of New York, Second Department.
Apr 13, 1992
Important Paras
Please sign up to view Important Paras.

Ordered that the judgments are affirmed.

At sentencing, the defendant sought to withdraw his guilty pleas on the basis that the court intended to enter an order of protection in favor of the robbery victim, although the entry of such an order had not been a part of the plea agreement. The sentencing court properly denied the defendant's request to withdraw his guilty pleas since an order of protection may be issued independently of the plea agreement (see, CPL 530.13).

Moreover, the sentencing court did not err in directing the defendant to make restitution in the amount of $258 without first conducting a hearing (see, Penal Law ยง 60.27; cf., People v White, 119 A.D.2d 708; People v Clougher, 95 A.D.2d 860), inasmuch as the defendant had consented to pay the restitution as a part of the plea agreement, and the record was otherwise adequate to support the amount directed to be paid (see, People v Corby, 167 A.D.2d 682; People v Palella, 148 A.D.2d 838; People v Raffiani, 83 A.D.2d 650; see also, People v Hall, 173 A.D.2d 729; People v King, 158 A.D.2d 972). Thompson, J.P., Harwood, Balletta and Copertino, JJ., concur.