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PEOPLE v. KOM

120 Misc.2d 630 (1983)

The People of the State of New York, Respondent, v. Lawrence Kom, Appellant.

Supreme Court, Appellate Term, Second Department.

July 8, 1983

Attorney(s) appearing for the Case

John F. Middlemiss, Jr., and Gerald J. Callahan for appellant. Patrick Henry, District Attorney (Ronald E. Lipetz of counsel), for respondent.

GEILER, J. P., DiPAOLA and WIDLITZ, JJ., concur.

MEMORANDUM.

Judgment of conviction unanimously modified, as a matter of law, by reducing the amount of restitution to $1,605 and, as so modified, affirmed.

The amount of restitution must be based upon findings of the sums actually due with appropriate allowances made for offsets or other factors which could properly reduce the total amount (People v Thigpen, 60 A.D.2d 860). In the instant case, taking into account...

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