People v. Mark R.S.

• Decision Date: 12 December 1983
• Citation: People v. Mark R.S., 469 N.Y.S.2d 466, 98 A.D.2d 755 (N.Y. App. Div. 1983)
• Parties: The PEOPLE, etc., Respondent, v. MARK R.S. (Anonymous), Appellant.
• Court: New York Supreme Court — Appellate Division

Page 466

469 N.Y.S.2d 466

98 A.D.2d 755

The PEOPLE, etc., Respondent, v. MARK R.S. (Anonymous), Appellant.

Supreme Court, Appellate Division Second Department.

Dec. 12, 1983.

John F. Middlemiss, Jr., Hauppauge (Karl E. Bonheim, Hauppauge, of counsel), for appellant.

Patrick Henry, Dist. Atty., Riverhead (Mark D. Cohen, Asst. Dist. Atty., Riverhead, of counsel), for respondent.

Before LAZER, J.P., and MANGANO, NIEHOFF and BOYERS, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, imposed June 22, 1982, after his conviction of two counts of attempted burglary in the second degree, on his plea of guilty and sentencing him, upon his adjudication as a youthful offender, to 60 days imprisonment in the county jail, five years probation, and directing him to make restitution of $2,400 to certain of the crime victims and to make restitution to another victim in an amount to be determined by the Suffolk County Probation Department.

Sentence modified, on the law, by deleting the provisions directing the defendant to make restitution in the amount of $2,400 to the victims Moccio and delegating to the probation department the authority to determine the amount, time and manner of payment of restitution to the victim Davis. As so modified, sentence affirmed...