People v Stachnik
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People v Stachnik
2012 NY Slip Op 08874
Released on December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: FAHEY, J.P., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.
1102 KA 10-00393
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
STANLEY STACHNIK, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered June 15, 2009. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree.
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.
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.
Released on December 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: FAHEY, J.P., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.
1102 KA 10-00393
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
STANLEY STACHNIK, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered June 15, 2009. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree.
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.
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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