THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STANLEY STACHNIK, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 10–00393

Decided: December 21, 2012

PRESENT:  FAHEY, J.P., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ. FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (KRISTEN MCDERMOTT OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.

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