General

The People of the State of New York, Respondent, v. Jennifer Bourcy, Appellant

307 A.D.2d 771762 N.Y.S.2d 856·New York Supreme Court, Appellate Division·2003·NY

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Opinion

The People of the State of New York, Respondent, v Jennifer Bourcy, Appellant. [762 NYS2d 856] [MAJORITY] 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. 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 [4]). The testimony and documentary evidence received at the restitution hearing support County Court’s calculation of that amount (see People v Appleby, 295 AD2d 960, 961 [2002], lv denied 99 NY2d 533 [2002]). Present-Green, J.P., Wisner, Burns, Gorski and Hayes, JJ.