People v. Beaudoin

• Decision Date: 16 July 1993
• Citation: 600 N.Y.S.2d 558,195 A.D.2d 996
• Parties: PEOPLE of the State of New York, Respondent, v. Ricky BEAUDOIN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 558

600 N.Y.S.2d 558

195 A.D.2d 996

PEOPLE of the State of New York, Respondent, v. Ricky BEAUDOIN, Appellant.

Supreme Court, Appellate Division, Fourth Department.

July 16, 1993.

Philip Glickman, Rochester, for appellant.

James King by Jane LaRock, Watertown, for respondent.

Before GREEN, J.P., and PINE, LAWTON, BOOMER and BOEHM, JJ.

MEMORANDUM:

In ordering defendant to make restitution, the court did not determine the exact amount to be paid, but only set a ceiling of $22,000, with the exact amount to be fixed at a later date. When a court orders restitution, it must specifically set forth what amount is to be paid (People v. Fuller, 57 N.Y.2d 152, 158, 455 N.Y.S.2d 253, 441 N.E.2d 563; People v. Sommer, 105 A.D.2d 1052, 482 N.Y.S.2d 586; People v. Ramirez, 98 A.D.2d 985, 470 N.Y.S.2d 221; see also, Penal Law §§ 60.27, 65.10[2][g]. The duty to make such findings may not be delegated to the Probation Department (People v. Fuller, supra, 57 N.Y.2d at 155, 158-159, 455 N.Y.S.2d 253, 441 N.E.2d 563; People v. De Berry, 117 A.D.2d 1006, 499 N.Y.S.2d 549). There are not sufficient facts in the record to make a determination and, therefore, we vacate the amount of restitution and remit this matter for a hearing to determine the amount of restitution to be paid by defendant (see, People v. Guise, 179 A.D.2d 1027, 579 N.Y.S.2d 515, lv. denied 79 N.Y.2d 1001, 584 N.Y.S.2d 456, 594 N.E.2d 950; People v. Sommer, supra; People v. Ramirez, supra ).

We have examined defendant's other contentions and find them to be without merit.

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Jefferson County Court for further proceedings.