People v. Dame , 735 N.Y.S.2d 444 ( 2001 )

Judgment unanimously affirmed without costs. Same Memorandum as in People v Dame ([appeal No. 3] 289 AD2d 996 [decided herewith]). (Appeal from Judgment of Supreme Court, Onondaga County, Murphy, J. — Restitution and Penalties.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Burns, JJ.