PEOPLE v. HIDALGO

2015-01680, Ind. No. 14-00338.

144 A.D.3d 704 (2016)

2016 NY Slip Op 07213

41 N.Y.S.3d 47

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCOS HIDALGO, Appellant.

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

Decided November 2, 2016.


Ordered that the judgment is modified, on the law, by vacating the provision thereof directing the defendant to pay restitution in the sum of $142,304.45; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Westchester County, for a hearing and new determination concerning the proper amount of restitution and the manner of payment thereof.

The defendant's contention that the People improperly changed their theory of prosecution...

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