Opinion
October 6, 1989
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: The court erred in directing defendant to pay restitution without conducting a hearing to determine the correct amount. The sole basis for the court's restitution order was a statement by the Assistant District Attorney that Aetna Insurance had sustained a loss in the amount of $1,661.04 based on its reimbursement to one of the victims. This statement does not form a sufficient basis upon which to order restitution (see, People v Cheatum, 148 A.D.2d 986, lv denied 74 N.Y.2d 662; People v Dixon, 134 A.D.2d 877, 878; People v Sommer, 105 A.D.2d 1052). The order of restitution is therefore vacated and the matter remitted for further proceedings.