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PEOPLE v. THOMAS

5982 1660/12.

159 A.D.3d 499 (2018)

69 N.Y.S.3d 803

2018 NY Slip Op 01636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMASINA THOMAS, Appellant.

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

Decided March 15, 2018.

Defendant, who was sentenced to a six-month jail term after she failed to fully comply with the restitution conditions of her plea agreement, claims that she was unconstitutionally imprisoned for her indigency (see Bearden v Georgia, 461 U.S. 660 [1983]). We remand the matter for a hearing in accordance with Bearden to determine whether defendant's failure to pay was willful and, if not, to consider whether there are adequate...

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