People v. Mack

156 A.D.2d 1022, 550 N.Y.S.2d 874, 1989 N.Y. App. Div. LEXIS 16232

Opinion

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for further proceedings, in accordance with the following memorandum: The court erred in directing defendant to pay restitution without conducting a hearing to determine the correct amount. The sole basis for the court’s restitution order was a statement in the presentence report. This statement does not form a sufficient basis upon which to order restitution (see, People v Cheatum, 148 AD2d 986, Iv denied 74 NY2d 662; People v Dixon, 134 AD2d 877, 878; People v Sommer, 105 AD2d 1052). The order of restitution is therefore vacated and the matter is remitted to the sentencing court for a hearing on the proper amount of restitution. (Appeal from judgment of Erie County Court, D’Amico, J.— robbery, first degree.) Present — Boomer, J. P., Green, Pine, Lawton and Davis, JJ.