Opinion
KA 02-00174
October 2, 2003.
Appeal from an order of Genesee County Court (Noonan, J.), entered September 4, 2001, which, inter alia, ordered defendant to pay restitution in the amount of $11,179.
GARY A. HORTON, PUBLIC DEFENDER, BATAVIA (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, AND KEHOE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
County Court properly ordered defendant to pay restitution in the amount of $11,179 based upon the testimony and documents received at the restitution hearing ( see People v. Consalvo, 303 A.D.2d 202; People v. Appleby, 295 A.D.2d 960, lv denied 99 N.Y.2d 533; People v. Morales, 256 A.D.2d 729, lv denied 95 N.Y.2d 868). The People established by a preponderance of the evidence that the victim and its insurer sustained an out-of-pocket loss in that amount as a result of the offense ( see CPL 400.30; Penal Law 60.27; People v Francis L.M., 278 A.D.2d 919, lv denied 97 N.Y.2d 754; Morales, 256 ___ A.D.2d ___ at 729-730; People v. Hodge, 176 A.D.2d 1234, lv denied 78 N.Y.2d 1127).