Opinion
KA 03-00529
July 3, 2003.
Appeal from an order of Jefferson County Court (Martusewicz, J.), entered June 20, 2002 directing defendant to pay restitution in the amount of $44,061.56.
JANE G. LA ROCK, WATERTOWN, FOR DEFENDANT-APPELLANT.
CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (DYLAN T. TESTER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, BURNS, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, the order directing her to pay restitution in the amount of $44,061.56 is supported by a preponderance of the evidence ( see CPL 400.30). The testimony and documentary evidence received at the restitution hearing support County Court's calculation of that amount ( see People v Appleby, 295 A.D.2d 960, 961, lv denied 99 N.Y.2d 533).