New York Court of Appeals
The People of the State of New York, Appellant v. Jimmy Tzitzikalakis, Respondent
February 15, 20078 N.Y.3d 217
Summary
The Court affirmed the Appellate Division's decision that the People, not the defendant, bear the burden of proving the city’s out‑of‑pocket loss—including any offsets—at a restitution hearing, vacated the restitution order and remanded for a new hearing where the defendant may introduce evidence of the actual work performed and fair‑market‑value evidence. Justice Smith dissented, arguing the burden of producing evidence on the value of the defendant’s performance should lie with the defendant.