People v Weber
2012 NY Slip Op 01953 [93 AD3d 1217]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


The People of the State of New York, Respondent, v Marcia A. Weber, Appellant.

—[*1] Bridget L. Field, Rochester, for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (David E. Gann of counsel), for respondent.

Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), dated March 19, 2010. The order directed defendant to pay restitution of $9,925.11.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the amount of restitution ordered and as modified the order is affirmed, and the matter is remitted to Genesee County Court for a new hearing (see People v Joseph, 90 AD3d 1646, 1647 [2011]). Present—Scudder, P.J., Smith, Carni and Sconiers, JJ.