Opinion
2012-11-9
The PEOPLE of the State of New York, Respondent, v. Gerri L. BUNNELL, Defendant–Appellant.
Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), entered May 4, 2010. The order determined defendant to be responsible for restitution in the amount of $8,358.99. Bridget L. Field, Rochester, for Defendant–Appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Respondent.
Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), entered May 4, 2010. The order determined defendant to be responsible for restitution in the amount of $8,358.99.
Bridget L. Field, Rochester, for Defendant–Appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Respondent.
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 restitution hearing ( see People v. Weber, 93 A.D.3d 1217, 939 N.Y.S.2d 897;People v. Joseph, 90 A.D.3d 1646, 1647, 935 N.Y.S.2d 808).