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People v. Kom

120 Misc. 2d 630 Court Supreme Court, Appellate Term, Second Department, Decision date 1983-07-08 English

Contents

Majority

p. 630
The People of the State of New York, Respondent, v Lawrence Kom, Appellant.
Supreme Court, Appellate Term, Second Department,
July 8, 1983

Headnote

See People v Kom, 108 Misc 2d 678 .
appearances of counsel
John F. Middlemiss, Jr., and Gerald J. Callahan for appellant. Patrick Henry, District Attorney (Ronald E. Lipetz of counsel), for respondent.

OPINION OF THE COURT

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 AD2d 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.

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