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PEOPLE v. WITHEROW

943 KA 19-01396.

203 A.D.3d 1598 (2022)

161 N.Y.S.3d 922

2022 NY Slip Op 01692

The People of the State of New York, Respondent, v. David J. Witherow, Appellant. (Appeal No. 2.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 11, 2022.

Attorney(s) appearing for the Case

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.

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] 203 A.D.3d 1595 [4th Dept 2022]).

All concur except Carni, J., who is not...

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