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People v. Beck

191 A.D.2d 1031 Court N.Y. App. Div. Decision date 1993-03-12 English

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p. 1031
The People of the State of New York, Respondent, v Blynn B. Beck, Appellant.
[595 NYS2d 347]

—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

p. 1032
tion of $3,500 plus a $175 surcharge, an amount less than that established by the record (cf., People v Ramirez, 98 AD2d 985 ). (Appeal from Judgment of Cattaraugus County Court, Kelly, J. — Grand Larceny, 3rd Degree.) Present — Green, J. P., Pine, Lawton, Fallon and Davis, JJ.

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