People v. Jensen

Citation205 A.D.3d 926,166 N.Y.S.3d 579 (Mem)
Decision Date18 May 2022
Docket Number2020–03878,Ind. No. 19–00709
Parties The PEOPLE, etc., respondent, v. Christopher JENSEN, appellant.
CourtNew York Supreme Court Appellate Division

205 A.D.3d 926
166 N.Y.S.3d 579 (Mem)

The PEOPLE, etc., respondent,
v.
Christopher JENSEN, appellant.

2020–03878
Ind.
No. 19–00709

Supreme Court, Appellate Division, Second Department, New York.

Submitted—April 25, 2022
May 18, 2022


Gary E. Eisenberg, New City, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass and Alexander J.H. Ochoa of counsel), for respondent.

FRANCESCA E. CONNOLLY, J.P., LINDA CHRISTOPHER, LARA J. GENOVESI, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J.), rendered February 26, 2020, convicting him of criminal mischief in the second degree, upon his plea of guilty, and imposing sentence, including a direction that the defendant pay restitution in the sum of $7,630.

ORDERED that the judgment is modified, on the law, by vacating the provision thereof directing the defendant to pay restitution in the sum of $7,630; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for a hearing and a new determination as to the proper amount of restitution and the manner of payment thereof.

The defendant pleaded guilty to criminal mischief in the second degree, admitting, inter alia, that he threw a rock through a window of the complainant's home and damaged property with a value in excess

166 N.Y.S.3d 580

of $1,500. The presentence report indicated that the complainant requested $7,630 in restitution for damages to his home. At sentencing, the only information before the County Court regarding the amount of damages was a contractor's estimate, unsigned by the complainant, indicating that the cost of work to repair the damages would be $7,630. The defendant objected to the amount of restitution requested. As part of the sentence imposed, the court directed the defendant to pay restitution in the sum of $7,630.

The defendant validly waived his right to appeal. The record of the plea proceeding demonstrates that the County Court sufficiently advised the defendant of the nature of the right to appeal, and that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Ayala, 172 A.D.3d 1085, 1086–1087, 100 N.Y.S.3d 334 ; People v. Ferguson, 113 A.D.3d 874, 874, 979 N.Y.S.2d 389 ).

The defendant's claim with respect to the voluntariness of his plea survives his valid waiver of the right to appeal (see People v. Fontanet, 126 A.D.3d 723, 723, 2 N.Y.S.3d 371 )....

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  • People v. Chung
    • United States
    • New York Supreme Court — Appellate Division
    • February 15, 2023
  • Washington-Tatum v. City of N.Y.
    • United States
    • New York Supreme Court — Appellate Division
    • May 18, 2022
    ...as the movants.The evidence submitted by the plaintiffs in support of their motion for summary judgment on the issue of liability on the 166 N.Y.S.3d 579 Labor Law § 240(1) cause of action failed to eliminate triable issues of fact as to whether, at the time of the subject accident, the inj......
  • People v. Donn Chung
    • United States
    • New York Supreme Court — Appellate Division
    • February 15, 2023
    ...survives his valid waiver of the right to appeal, as the amount of restitution was not made part of the plea agreement (see People v Jensen, 205 A.D.3d 926, 927; People v Isaacs, 71 A.D.3d 1161). In addition, defendant's challenge to the issuance of an order of protection at sentencing surv......
  • People v. McIntyre
    • United States
    • New York Supreme Court — Appellate Division
    • September 28, 2022
    ...defendant did not move to withdraw his plea on this ground or otherwise raise this issue before the Supreme Court (see People v. Jensen, 205 A.D.3d 926, 926–927, 166 N.Y.S.3d 579 ). In any event, the record establishes that the defendant's plea was made knowingly, voluntarily, and intellige......
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