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STATE v. SCHWARTZ

No. 2008-863.

993 A.2d 220 (2010)

The STATE of New Hampshire v. Lee T. SCHWARTZ.

Supreme Court of New Hampshire.

Opinion Issued: April 8, 2010.

Attorney(s) appearing for the Case

Orville B. Fitch II, acting attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, on the brief and orally, for the defendant.

BRODERICK, C.J.

The defendant, Lee T. Schwartz, appeals an order of the Superior Court (Smukler, J.) that he pay restitution in the amount of $36,389.36 and denying his motion to dismiss. We affirm.

The record supports the following facts. On the evening of February 9, 2008, the defendant went with his friend Michael Stewart to a club in Laconia called the Funky Monkey. Stewart was drinking heavily and using methadone. Sometime during the evening, the...

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