Opinion
2012-03-16
The PEOPLE of the State of New York, Respondent, v. Marcia A. WEBER, Defendant–Appellant.
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.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.Bridget L. Field, Rochester, for defendant-appellant. Lawrence Friedman, District Attorney, Batavia (David E. Gann 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 hearing ( see People v. Joseph, 90 A.D.3d 1646, 1647, 935 N.Y.S.2d 808).