Decided On : 5/10/2016
AD4 order dated June 20, 2014, affirming judgment of conviction. Decision below: 118 AD3d 1449, 988 NYS2d 791. Read, J., granted leave January 6, 2015. To be argued March 31, 2016.
ISSUES PRESENTED: (1) Whether, at a restitution hearing, the court properly relied on a hearing transcript created by a JHO unauthorized to hold the hearing. (2) Whether the delay in holding the restitution hearing divested the court of jurisdiction. (3) Ineffective assistance of counsel. (Assigned Counsel: David C. Schopp, The Legal Aid Bureau of Buffalo, Inc., 237 Main Street, Suite 1602, Buffalo, N.Y. 14203.)