A restitution order directing a murderer to reimburse the mother of his victim for funeral expenses cannot be transferred to the funeral home even if the mother refuses to pay the bill, a state appellate court has held.
In People v. Morrishaw, 103765, the Appellate Division, Third Department, unanimously reversed Schenectady County Judge Karen A. Drago (See Profile) and held that Penal Law §60.27 authorizes restitution to the “victim” of a crime—and here the funeral home was neither a victim nor representative of the victim. Records show that the mother has made clear she has no intention of paying the $5,970 bill. “The funeral home is a creditor of the victim’s mother, having voluntarily contracted with her to provide services,”
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