PEOPLE v. WASHINGTON (2025)

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

The PEOPLE, etc., respondent, v. Marlon A. WASHINGTON, appellant.

2024-03348

Decided: July 02, 2025

FRANCESCA E. CONNOLLY, J.P., LARA J. GENOVESI, JANICE A. TAYLOR, JAMES P. MCCORMACK, JJ.

Margaret M. Walker, Poughkeepsie, NY (Jennifer Burton of counsel), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirtsten A. Rappleyea of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered March 27, 2024, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court did not err in directing the defendant, after a hearing, to pay restitution in the amount of $27,000 (see Penal Law § 60.27[1], [2]; People v. Connolly, 27 NY3d 355, 359–360; People v. Perez, 130 AD3d 1496, 1497; People v. Shortell, 30 AD3d 837, 837–838; cf. People v. Wilson, 59 AD3d 807, 808–809).

The County Court was authorized to impose an amount of restitution in excess of $15,000 for the defendant's felony conviction, since the amount in excess of $15,000 represented the amount needed to reimburse the victim (see Penal Law § 60.27[5][b]; People v Horne, 97 N.Y.2d 404, 410–414; People v Simmons, 133 AD3d 896, 897).

The defendant's remaining contention is without merit.

CONNOLLY, J.P., GENOVESI, TAYLOR and MCCORMACK, JJ., concur.

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