SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 21, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered June 15, 2009.
People v Stachnik
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 21, 2012
PRESENT: FAHEY, J.P., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.
The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree.
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by reducing the
surcharge to 5% of the amount of restitution and as modified the judgment is affirmed.
Same Memorandum as in People v Stachnik ([appeal No. 1] ___ AD3d ___ [Dec. 21, 2012]). Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court
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