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1
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OPINION
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EXTRACTED KEY WORDS
COURT DEFENDANT RESTITUTION ORDER SENTENCING COURT JURY FALSE INSTRUMENT BENEFIT OVERPAYMENTS FILING PENAL LAW YORK OFFENSE AMOUNT REPORTS VICTIM ACCURATE INCOME INFORMATION INDICTMENT GRAND FACTUAL DETERMINATIONS NY2D REPARATION DSS RESPONDENT SOCIAL SERVICES SERVICES BENEFIT RECERTIFICATION DIRECTING DEFENDANT FALSE DOCUMENTS VICTIM IMPACT STATEMENTS BILL JACKET UNITED STATES |
4 No. 24
The People &c.,
Respondent,
v.
Marva Horne,
Appellant.
_________________________________________________________________
2002 NY Int. 23
March 14, 2002
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Shirley A. Gorman, for appellant.
Loretta S. Courtney, for respondent.
Eliot Spitzer, Attorney General of the State of New York, amicus
curić.
_________________________________________________________________
GRAFFEO, J.:
Defendant was convicted after a jury trial of three counts of filing a
false instrument in the first degree arising from her failure to
include accurate income information on social services benefit
recertification forms she submitted to the Monroe County Department of
Social Services. On appeal, she challenges the legality of the
restitution order issued as part of her sentence. Because the
sentencing court did not err in directing defendant to repay the
benefit overpayments she received as a result of filing the false
documents, we affirm.
Defendant was charged in a six-count indictment with grand larceny in
the third degree, welfare fraud, misuse of food stamps with a value in
excess of $1,000 and three counts of offering a false instrument for
filing in the first degree. All of the charges related to defendant's
alleged receipt of benefit overpayments between July 1995 and January
1997. The People offered evidence at trial that defendant failed to
report income she earned from four separate employers on DSS forms
and, as a result, obtained more than $16,000 of benefits to which she
was not entitled.
The jury returned a verdict convicting defendant of the three counts
of offering a false instrument for filing but acquitting her of the
three remaining counts of the indictment -- grand larceny, welfare
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