PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: AUGUST 7, 2014
The
Appellate Division, Third Department has today unanimously affirmed a judgment
of conviction in the following case:
People
v Abner Ortolaza
Abner
Ortolaza was convicted on July 11, 2012 upon a plea of guilty of the crime of
burglary in the third degree as a result of having broken into the Spring Glen
Post Office in the Town of Wawarsing and stealing mail, packages and other
United States Postal Service property.
Defendant
waived indictment and pled guilty to a superior court information charging him
with burglary in the third degree.
Defendant was sentenced to an indeterminate term of imprisonment of two
to six years in prison and ordered to pay restitution in the amount of
$976.
On
appeal defendant challenged the amount of restitution ordered by County Court
claiming that there was no support in the record for the amount he was ordered
to pay. He also claimed that he should
not have been required to pay the mandatory surcharge or crime victim
assistance fee. The Appellate Division,
Third Department, however, properly concluded that defendant’s argument
regarding restitution was not preserved for appellate review because he did not
request a restitution hearing or otherwise object to the amount of restitution
awarded at the time of sentence and that his other claim was equally without
merit.
On
appeal, defendant is represented by Neal D. Futerfas, Esq. of White Plains, New
York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
