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PEOPLE v. DUBNER

186 A.D.2d 580 (1992)

The People of the State of New York, Respondent, v. Jay A. Dubner, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1992

Ordered that the sentence is modified, on the law, by deleting the provision thereof which imposed upon the defendant the obligation to pay restitution in the amount of $2,000; as so modified, the sentence is affirmed.

As the People commendably concede, in light of the Court of Appeals holding in People v Rowe (75 N.Y.2d 948), the Supreme Court was without authority at the time of sentencing herein to impose an order of restitution...

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