THE PEOPLE OF THE STATE OF NEW YORK v. ARTHUR HERNANDEZ (2026)

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Carola M. Beeney of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Christopher P. Marinelli of counsel), for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 9, 2024, which denied defendant's CPL 440.20 motion to vacate the court's restitution order and order a restitution hearing before a jury, unanimously affirmed.

Defendant's argument that he was entitled, pursuant to Apprendi v. New Jersey (530 U.S. 466 [2000] ), to a jury determination regarding the amount of restitution, is foreclosed by the Court of Appeals' contrary holding in People v. Horne (97 N.Y.2d 404, 415 [2002] ).

We have considered defendant's remaining arguments and find them unavailing.