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30 Sep 2011, 3:02 pm by Brian Shiffrin
The Appellate Division, Fourth Department, in People v LaVilla (4th Dept 8/30/11) has again held that an exception to the general rule that cannot be appealed as of right is when the restitution hearing was bifurcated from sentencing:“[a]s a general rule, a defendant may not appeal as of right from a restitution order in a criminal case . . . [read post]
23 Mar 2010, 6:19 pm by Brian Shiffrin
" The failure of the court to apprehend the extent of its discretion deprived defendant of the right to be sentenced as provided by law' " (People v Schafer, 19 AD3d 1133). [read post]
8 Dec 2010, 8:22 pm
 But the fewer people who are bound by the ruling, the fewer people have standing to appeal. [read post]
24 Sep 2008, 10:16 pm
In People v Mateo, 2008 NY Slip Op 06087 [4th Dept 7/3/08](here] the Fourth Department considered the consequence of the failure of the People to file a second felony offender statement as required by CPL 400.21 (2) following his retrial. [read post]