Ordered that the judgment is modified, on the law, by deleting therefrom the provision which directed the defendant to pay $40 in restitution; as so modified, the judgment is affirmed.
At the time the sentence was imposed, the court lacked authority to direct the defendant to make restitution of the $40 in unrecovered "buy" money expended during the undercover drug sale that resulted in the defendant's arrest (see, People v Rowe,
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