A former attorney who spent more than two years behind bars because she could not make timely restitution for stealing almost $340,000 from a client has been freed—at least for now. Jane Posner, of Patterson in Putnam County, was released on her own recognizance by County Court Judge James Reitz (See Profile) after a hearing on Jan. 8. She is due back in court for resentencing on March 5.
Posner pleaded guilty in January 2010 to second-degree grand larceny. She was promised probation provided she could make restitution but had not made the first payment when she appeared for sentencing in August 2010. Reitz then sentenced her to five to 15 years in prison. The Appellate Division, Second Department, vacated that sentence in People v. Posner, S.C.I. No. 201/10, saying that Reitz had not conducted an adequate inquiry into whether Posner’s failure to make a $50,000 required restitution down-payment was willful (NYLJ, Nov. 29, 2012).