Summary
requiring reductions for value victims received when determining restitution to be paid by one convicted of performing home improvement work without a license
Summary of this case from Town of Gilbert v. DownieOpinion
July 8, 1983
Appeal from the District Court of Suffolk County, HARVEY W. SHERMAN, J.
John F. Middlemiss, Jr., and Gerald J. Callahan for appellant.
Patrick Henry, District Attorney ( Ronald E. Lipetz of counsel), for respondent.
MEMORANDUM.
Judgment of conviction unanimously modified, as a matter of law, by reducing the amount of restitution to $1,605 and, as so modified, affirmed.
The amount of restitution must be based upon findings of the sums actually due with appropriate allowances made for offsets or other factors which could properly reduce the total amount ( People v Thigpen, 60 A.D.2d 860). In the instant case, taking into account the services actually received by the complainant, the amount of restitution should be modified as above indicated.
We have considered the other issues raised on appeal and find them to be without merit.
GEILER, J.P., DIPAOLA and WIDLITZ, JJ., concur.