Opinion
March 4, 1991
Appeal from the County Court, Nassau County (Belfi, J.).
Ordered that the sentence is modified, on the law, by vacating the provision thereof which directed the defendant to make restitution in the sum of $1,480; as so modified, the sentence is affirmed.
It is well settled that the word "victim" in Penal Law § 60.27 does not include the governmental agency which expends public monies in its efforts to solve crimes (see, People v Cerna, 163 A.D.2d 409; People v Purcell, 161 A.D.2d 812; People v Rowe, 152 A.D.2d 907, affd 75 N.Y.2d 948). Since the $1,480 in restitution ordered by the court was the buy money expended by law enforcement authorities in two drug transactions which led to the defendant's apprehension, restitution was unauthorized, with the result that the restitution provision of the court's sentence should be vacated. Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.