| People v Denny |
| 2018 NY Slip Op 01613 [159 AD3d 830] |
| March 14, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Victor Denny, Appellant. |
Bruce A. Petito, Poughkeepsie, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Stephen L.Greller, J.), rendered October 29, 2015, convicting him of kidnapping in the second degree androbbery in the first degree, upon his plea of guilty, and imposing sentence, including a directionthat the defendant pay restitution in the sum of $200,889.62.
Ordered that the judgment is modified, on the law, by vacating the provision thereofdirecting the defendant to pay restitution in the sum of $200,889.62; as so modified, thejudgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for ahearing and a new determination as to the proper amount of restitution and the manner ofpayment thereof.
"Before a defendant may be directed to pay restitution, a hearing must be held if either: (1)the defendant objects to the amount of restitution and the record is insufficient to establish theproper amount; or (2) the defendant requests a hearing" (People v Morrishill, 127 AD3d 993, 994 [2015]; see PenalLaw § 60.27 [2]; People v Consalvo, 89 NY2d 140, 145-146 [1996]).
Here, the defendant objected to the amount of restitution payable to the kidnapping victimand requested a hearing (see People vWard, 103 AD3d 925, 926 [2013]; cf. People v Isaacs, 71 AD3d 1161, 1161 [2010]). Moreover, therecord was insufficient to establish the proper amount of restitution (see People vMorrishill, 127 AD3d at 994). Accordingly, the defendant was entitled to a hearing, and wetherefore remit the matter to the County Court, Dutchess County, for a hearing and a newdetermination as to the proper amount of restitution and the manner of payment thereof.
The component of the sentence imposed relating to incarceration was not excessive (seePeople v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Austin, Connolly and Iannacci, JJ.,concur.