Majority
—Judgment unanimously affirmed. Memorandum: We reject defendant’s argument that he was denied effective assistance of counsel (see, People v Rivera, 71 NY2d 705 , 708-709). We also reject his argument that the court erred in ordering the amount of restitution recommended in the probation report without conducting a hearing. Defendant concedes that the proof at trial established that the victim’s unreimbursed loss was $6,100, and thus we conclude that a hearing was unnecessary (see, People v King, 158 AD2d 972 , lv denied 76 NY2d 737 ; People v Welsher, 154 AD2d 915 , 916, lv denied 74 NY2d 952 ; cf., People v Guise, 179 AD2d 1027 , lv denied 79 NY2d 1001 ; People v Vella, 176 AD2d 768 , lv denied 79 NY2d 833 ; People v Clougher, 95 AD2d 860 ). Defendant was ordered to pay restitu
Cases cited
- People v. Rivera 71 NY2d 705 at 708-709 p. 1031
- People v. Vella 176 AD2d 768 p. 1031