| People v Bunnell |
| 2012 NY Slip Op 07469 [100 AD3d 1410] |
| November 9, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Gerri L. Bunnell, Appellant. |
—[*1]
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for
respondent.
Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), entered May 4, 2010. The order determined defendant to be responsible for restitution in the amount of $8,358.99.
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 restitution hearing (see People v Weber, 93 AD3d 1217 [2012]; People v Joseph, 90 AD3d 1646, 1647 [2011]). Present—Scudder, P.J., Centra, Peradotto, Lindley and Whalen, JJ.