*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 602

KA 11-01305

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER PAUL R. TENNEY, ALSO KNOWN AS PAUL RYAN TENNEY,

DEFENDANT-APPELLANT.

(APPEAL NO. 2.)

BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (MELISSA L. CIANFRINI OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Genesee County Court (Robert C.

Noonan, J.), rendered February 11, 2010. The judgment ordered defendant to pay restitution.

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

Same Memorandum as in People v Tenney ([appeal No. 1] ___ AD3d ___ [June 8, 2012]).

Entered: June 8, 2012 Frances E. Cafarell

Clerk of the Court