*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 825

KA 14-01781

PRESENT: CENTRA, J.P., CARNI, LINDLEY, AND DEJOSEPH, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER PETER GIACONA, DEFENDANT-APPELLANT.

(APPEAL NO. 5.)

J. SCOTT PORTER, SENECA FALLS, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (BRIAN LEEDS OF COUNSEL), FOR RESPONDENT. Appeal from an order of the Cayuga County Court (Mark H.

Fandrich, A.J.), dated September 8, 2014. The order directed defendant to pay restitution of $35,424.94 to the Office of the New York State Attorney General, on behalf of SUNY Upstate Medical University Hospital.

It is hereby ORDERED that the order so appealed from is unanimously affirmed.

Same memorandum as in People v Giacona ([appeal No. 1] ___ AD3d ___ [July 10, 2015]).

Entered: July 10, 2015 Frances E. Cafarell

Clerk of the Court