People v. Swain

Appeal from a judgment of Erie County Court (McCarthy, J.), entered April 27, 2001, convicting defendant after a jury trial of welfare fraud in the fifth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by providing that the amount of restitution to be paid by defendant is $825.24 and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of welfare fraud in the fifth degree (Penal Law § 158.05) and offering a false instrument for filing *1174in the first degree (§…