Ordered that the judgment is modified, on the law, by vacating the provisions of the sentence concerning restitution; as so modified, the judgment is affirmed and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).
As part of the sentence of probation, the court directed the defendant to make restitution to Orange County in the amount of $3,000 plus a 5% surcharge of $150. This amount purportedly represented...
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