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PEOPLE v. WITHEROW

942 KA 19-00167.

203 A.D.3d 1595 (2022)

164 N.Y.S.3d 742

2022 NY Slip Op 01691

The People of the State of New York, Respondent, v. David J. Witherow, Appellant. (Appeal No. 1.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 11, 2022.

Attorney(s) appearing for the Case

CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT.

JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present —Peradotto, J.P., Carni, Lindley, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him, upon his plea of guilty, of assault in the first degree (Penal Law § 120.10[3]) and assault in the second degree (§ 120.05[6]), arising from an incident in which he attacked his wife and a second victim. In appeal No. 2, defendant appeals from an order directing him to pay restitution and reparation to the second...

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