Opinion
April 20, 1992
Appeal from the County Court, Nassau County (Baker, J.).
Ordered that the judgment is modified, on the law, by deleting the provision of the sentence which directed the defendant to pay $2,000 in restitution; as so modified, the judgment is affirmed.
The People concede that, at the time the sentence was imposed, the court lacked authority to direct the defendant to make restitution to the Nassau County Police Department (see, People v Rowe, 75 N.Y.2d 948; People v Woods, 177 A.D.2d 731). Since restitution was unauthorized under Penal Law § 60.27, that provision of the sentence must be vacated, even though the defendant agreed to it as part of the plea bargain (see, People v McNatt, 181 A.D.2d 748; People v Simmons, 171 A.D.2d 822). We note that Penal Law § 60.27 was amended effective November 1, 1991, to authorize restitution to law enforcement agencies for unrecovered funds used in the purchase of drugs as part of investigations leading to convictions (see, Penal Law § 60.27). Mangano, P.J., Miller, O'Brien and Santucci, JJ., concur.