A state appeals court Thursday granted a Franklin County man a restitution hearing following his 2009 conviction of petit larceny.
Jeffrey Morris was convicted by a jury in May 2009 of petit larceny for allegedly taking more than $19,000 from Walmart when he was employed there in May 2008.
Mr. Morris was charged with third-degree grand larceny after his live-in girlfriend found the money and called police, according to court documents.
The jury dropped the charge to petit larceny after Mr. Morris testified he took $100 and left the rest for his girlfriend, who also worked at Walmart, to return to the store, court documents say.
After his conviction, St. Lawrence County Judge Jerome J. Richards sentenced Mr. Morris to one year in jail and ordered him to pay $19,306.13 to Walmart.
Judge Richards and Assistant District Attorney Jonathan L. Becker were asked to handle the case because of conflicts in Franklin County.
The Third Judicial Department of the Appellate Division wrote that Mr. Morris challenged the restitution amount and should have been allowed a restitution hearing. The court sent the case back to Franklin County.