State v. Schwartz

The defendant, Lee T. Schwartz, appeals an order of the Superior Court (Smukler, J.) that he pay restitution in the amount of $36,389.36 and denying his motion to dismiss. We affirm.

The record supports the following facts. On the evening of February 9, 2008, the defendant went with his friend Michael Stewart to a club in Laconia called the Funky Monkey. Stewart was drinking heavily and using methadone. Sometime during the evening, the defendant became angry when Stewart said something about him in the presence of one or more police officers. The defendant accused Stewart of “diming him out”…