Court of Appeals – Restitution: People v. Connolly

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New York State Court of Appeals

Restitution

Second Hearing – Sufficiency of Court Procedure

People v. Connolly

No. 68

Judge Stein

Background: At issue is whether the procedures employed at the defendant’s second restitution hearing were sufficient to comport with the Penal Law. At that hearing exhibits and transcripts from a prior hearing conducted by a judicial hearing officer were admitted into evidence and no further evidence was taken, despite the court’s offering the parties an opportunity to call additional witnesses and submit further proof.

Ruling: The Court of Appeals affirmed, finding the procedures were sufficient. The court noted that the defendant was given the opportunity to cross-examine the people’s witnesses and put his own witnesses on the stand at the first hearing. He was also provided the opportunity to submit further proof at the second hearing. There is no evidence that the court improperly shifted the burden of proof to the defendant. The people simply rested on the proof submitted at the earlier proceeding.

Alan Williams for the appellant; William G. Zickl for the respondent