Opinion
2022-01692
03-11-2022
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.
CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT.
JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, WINSLOW, AND BANNISTER, JJ.
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] - A.D.3d - [Mar. 11, 2022] [4th Dept 2022]).
All concur except Carni, J., who is not participating.