THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STANLEY STACHNIK, DEFENDANT–APPELLANT. (APPEAL NO. 2.)
MEMORANDUM AND ORDER
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] ).
Frances E. Cafarell
Clerk of the Court