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PEOPLE v. HORNE

97 N.Y.2d 404 (2002)

767 N.E.2d 132

740 N.Y.S.2d 675

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVA HORNE, Appellant.

Court of Appeals of the State of New York.

Decided March 14, 2002.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Shirley A. Gorman of counsel), for appellant.

Howard R. Relin, District Attorney, Rochester (Loretta S. Courtney of counsel), for respondent.

Eliot Spitzer, Attorney General, Albany (Caitlin J. Halligan, Daniel Smirlock, Robin A. Forshaw and Frank Brady of counsel), amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

Defendant was convicted after a jury trial of three counts of offering a false instrument for filing in the first degree arising from her failure to include accurate income information on social services benefit recertification forms she submitted to the Monroe County Department of Social Services. On appeal, she challenges the legality of the restitution order issued as part of...

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