This matter comes on by a restitution hearing pursuant to plea and sentence on September 10, 2007.

The defendant pled to one count of vehicular assault in the first degree, a class D felony, and one count of operating a motor vehicle while under the influence of alcohol, a class E felony pursuant to SCI# 179W-07.

At sentencing on September 10, 2007 restitution was made a part thereon.

At the request of the defendant a restitution hearing was held subsequent to sentencing.

Following the restitution hearing the People and the defense submitted findings of fact and conclusions of law. [*2]

This matter is fully submitted.

PL §60.27 governs restitution or reparation as a duly authorized portion of a sentence in a criminal matter.

Restitution stems from the fruits of the defendants criminal action and reparation stems from actual out-of-pocket loss caused by the actions of the defendant. PL §60.27(1).

Reparation is limited to $15,000.00 although the court may exceed $15,000.00 in its discretion provided said excess is limited to, inter alia, reimbursement for medical expenses actually incurred prior to the sentencing as a result of any offense committed by the defendant. PL §60.27(5)(a)(b).

The restitution hearing concerns reparation for the actual out of-pocket medical expenses of the victim caused by a car accident due to defendants criminal actions.

At the restitution hearing bills and receipts were admitted into evidence by stipulation.

Proof showed that the victim was severely injured as a result of a car accident caused by the defendant which resulted in her criminal charges. The victim exhausted her no-fault benefits ($50,000.00) and additional no-fault benefits ($15,000.00)through her mother's insurance. The victim has accumulated through paid or unpaid additional medical expenses of $12,862.54 for Medivac helicopter, $22,028.23 from medicaid and $9,181.74 for other miscellaneous medical expenses, for a total of $44,072.51.

There was a potential offset of $1080.00 of the miscellaneous medical expenses for psychological services provided to the victim's son but the Court has not been advised that the potential offset ever came to fruition.

The defense argues that the defendant has severe financial problems herself and this Court should not exceed the $15,000.00 limit in Pl §60.27(5)(a).

The People argue that the defendant placed the victim in her present medical and financial circumstances and the victim has a right to reparation in excess of $15,000.00 as authorized in PL §60.27(5)(b).

This Court finds that the defendant caused the medical injuries to the victim and that the defendant should pay reparation for the full actual out of-pocket medical expenses of the victim in the amount of $44,072.51.

Based upon the above, it is

ORDERED, that reparation in the amount of $44,072.51 shall be paid to the victim by the defendant. [*3]

This shall constitute the Decision and Order of this Court.

DATED: July 9, 2008

Monticello, NY

__________________________________

Hon. Frank J. LaBuda

Sullivan County Court Judge

and Surrogate