People v. Cheatum

• Decision Date: 10 March 1989
• Citation: People v. Cheatum, 539 N.Y.S.2d 222, 148 A.D.2d 986 (N.Y. App. Div. 1989)
• Parties: PEOPLE of the State of New York, Respondent, v. Louis CHEATUM, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 222

539 N.Y.S.2d 222

148 A.D.2d 986

PEOPLE of the State of New York, Respondent, v.Louis CHEATUM, Appellant.

Supreme Court, Appellate Division Fourth Department.

March 10, 1989.

Helen W. Zimmermann by Robert Hallborg, Buffalo, for appellant.

Kevin M. Dillon by Lisa Rodwin, Buffalo, for respondent.

Before CALLAHAN, J.P., and BOOMER, GREEN, LAWTON and DAVIS, JJ.

MEMORANDUM:

The plea minutes show that defendant knowingly and voluntarily entered his plea and that there was no reason for the court to believe that defendant was incapable of understanding the nature of the charges against him.The probation report indicates that defendant was familiar with the court system since he"was very precise regarding past sentences, penalties * * * and details regarding his past convictions."Although the probation report also indicates that defendant scored below 50 on an intelligence quota test, that score resulted from defendant's refusal to complete the test.

Because the court ordered restitution without holding a hearing and relied solely upon the probation report, we modify the sentence by deleting the provision for restitution (see, People v. Fuller, 57...