WEBER, MARCIA, PEOPLE v

Appellate Division of the Supreme Court of New York

WEBER, MARCIA, PEOPLE v

Appellate Division of the Supreme Court of the State of New York·Decided March 16, 2012·No. KA 10-01038·Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

302 KA 10-01038 PRESENT: SCUDDER, P.J., SMITH, CARNI, AND SCONIERS, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER

MARCIA A. WEBER, DEFENDANT-APPELLANT.

BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (DAVID E. GANN OF COUNSEL), FOR RESPONDENT.

Appeal from an order of the Genesee County Court (Robert C.

Noonan, J.), dated March 19, 2010. The order directed defendant to pay restitution of $9,925.11.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating the amount of restitution ordered and as modified the order is affirmed, and the matter is remitted to Genesee County Court for a new hearing (see People v Joseph, 90 AD3d 1646, 1647).

Entered: March 16, 2012 Frances E. Cafarell Clerk of the Court

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