People v. Kade

OPINION OF THE COURT

Francis X. Egitto, J.

The People move to rescind the findings of Judicial Hearing Officer (JHO) Salvatore DeMatteo regarding a restitution issue on the ground that the referral of this issue was unauthorized.

On March 4, 1988, upon her plea of guilty, the defendant *454was convicted of grand larceny in the fourth degree. A different Judge of this court ordered the defendant to pay restitution and sentenced her to probation, conditioned on her serving four weekends in jail.

On September 18, 1989, the Appellate Division, Second Department, upheld the conviction but vacated the…