Opinion
February 2, 1990
Appeal from the Supreme Court, Erie County, Flynn, Jr., J.
Present — Denman, J.P., Boomer, Green, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in submitting a verdict sheet to the jury containing a summary of the statutory elements of the offenses charged (see, CPL 310.20). The issue was not preserved for our review (cf., People v Nimmons, 72 N.Y.2d 830, 831) and we decline to reach it in the interest of justice (see, People v Barber, 154 A.D.2d 882; People v Ryan, 152 A.D.2d 962; People v Monroe, 135 A.D.2d 741, 742). The sentencing court did not err in fixing the amount of restitution without a hearing. The record was sufficient to allow the court to make a finding "as to the fruits of the offense" (Penal Law § 60.27) based upon the victim's testimony (see, People v Welsher, 154 A.D.2d 915). On this record defendant's sentence is not excessive.