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February 8, 2010

Crime victim loses part of restitution

By SUE BOTSFORD

DID YOU KNOW?


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PLATTSBURGH — A state appeals court has ordered the restitution adjusted in a Clinton County Court case.

Building contractor Carl Russo, 53, was accused of bilking clients out of substantial amounts of money and pleaded guilty to fourth-degree grand larceny in satisfaction of a pending indictment. He was sentenced to 1½ to 3 years in prison.

A hearing was held, at which Russo disputed some of the victim's claims. Judge Patrick McGill set restitution at $110,000, which was later adjusted to reflect an addition error that was discovered.

In a ruling based on Russo's appeal, the Appellate Division of State Supreme Court said the district attorney must prove the victim's out-of-pocket loss. The loss must take into account any benefit the victim derived from the defendant's actions.

Therefore, restitution is the amount taken, minus any benefits.

In one part of the Russo case, the appeals court said, County Court must look again at the restitution ordered for Carol Frome.

She was awarded the full $5,900 that she paid to Russo. However, she testified that Russo's employees had done some work on her property and that some materials were delivered to her. Also, $1,900 of that money was for a door that he ordered but that she never attempted to pick up.

Since she did receive some benefits, the amount of her restitution must be recalculated, the justices said.

According to Department of Corrections records, Russo was released on parole Nov. 13, 2007, from Groveland Correctional Facility.

E-mail Sue Botsford:


botsford@westelcom.com

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