People v. Witherow

2022 NY Slip Op 01692
Appellate Division of the Supreme Court of the State of New York·Decided March 11, 2022·No. 943 KA 19-01396·Published

Opinion

People v Witherow (2022 NY Slip Op 01692)
People v Witherow
2022 NY Slip Op 01692
Decided on March 11, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on March 11, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, WINSLOW, AND BANNISTER, JJ.

943 KA 19-01396

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

DAVID J. WITHEROW, DEFENDANT-APPELLANT. (APPEAL NO. 2.)


CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT.

JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.



Appeal from an order of the Ontario County Court (Michael M. Mohun, A.J.), dated July 19, 2018. The order, among other things, directed defendant to pay restitution and reparation.

It is hereby ORDERED that the order so appealed from is modified on the law by reducing the total amount of restitution and reparation to $27,520.09, and as modified the order is affirmed.

Same memorandum as in People v Witherow ([appeal No. 1] — AD3d — [Mar. 11, 2022] [4th Dept 2022]).

All concur except Carni, J., who is not participating.

Entered: March 11, 2022

Ann Dillon Flynn

Clerk of the Court



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People v. Witherow, 2022 NY Slip Op 01692 (N.Y. Ct. App. 2022).

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Related

§ 431
New York JUD § 431