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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]
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]