X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: November 29, 2007 16763 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JEREMY M. GETMAN, Appellant. ___________________________ Calendar Date: October 12, 2007 Before: Cardona, P.J., Mercure, Crew III, Mugglin and Rose, JJ. __________ Richard W. Rich Jr., Elmira, for appellant. John R. Trice, District Attorney, Elmira, for respondent. __________ Crew III, J. Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered December 17, 2001, convicting defendant upon his plea of guilty of the crimes of criminal possession of a dangerous weapon in the first degree, criminal use of a firearm in the first degree and criminal possession of a weapon in the second degree. As the result of entering a high school carrying two firearms and a duffle bag containing homemade explosives, defendant was charged in a 56-count indictment with various counts of criminal use of a firearm and criminal possession of a dangerous weapon. Defendant pleaded guilty to criminal possession of a dangerous weapon in the first degree, criminal use of a firearm in the first degree and criminal possession of a weapon in the second degree in full satisfaction of the indictment and was sentenced to concurrent 81/2-year terms of imprisonment on each count and five years of postrelease supervision. Defendant was also ordered to pay restitution in the amount of $6,024.68 to the Chemung County Sheriff’s Department for overtime expenses, $6,655.08 to the Elmira City School District for expenses related to the evacuation and securing of the school building, and a $634.13 mandatory surcharge, totaling $13,316.89. Defendant now appeals the restitution order. Defendant contends and the People concede that the Sheriff’s Department is not a victim of defendant’s conduct and is not entitled to restitution for its costs in responding to the incident in question. However, we reject defendant’s contention that the School District is not a victim entitled to reparation. Accordingly, the reparation owed by defendant must be reduced by $6,024.68 and the surcharge by $301.38. Cardona, P.J., Mercure, Mugglin and Rose, JJ., concur. ORDERED that the judgment is modified, on the law, by reversing so much thereof as directed defendant to pay restitution in the amount of $6,014.68 to the Chemung County Sheriff’s Department and reducing the mandatory surcharge to $332.75, and, as so modified, affirmed.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
September 26, 2024
Boston, MA

The New England Legal Awards serves as a testament to the outstanding contributions and achievements made by legal professionals.


Learn More

Philadelphia Plaintiff litigation firm seeks an associate attorney with at least 2 years' experience to join our team handling personal inju...


Apply Now ›

Position OverviewThe United States Judicial Panel on Multidistrict Litigation is accepting applications for the full-time, permanent positio...


Apply Now ›

A prominent AV-rated Education Law firm seeks an associate with 5+ years experience. The role will primarily involve advice and counsel in ...


Apply Now ›