Opinion
September 29, 2000.
Appeal from Judgment of Oswego County Court, Hafner, Jr., J. — Arson, 3rd Degree.
PRESENT: GREEN, J. P., HAYES, WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oswego County Court for further proceedings in accordance with the following Memorandum:
Defendant was convicted upon a jury verdict of arson in the third degree (Penal Law § 150.10), criminal mischief in the second degree (Penal Law § 145.10) and endangering the welfare of a child (Penal Law § 260.10). We reject her contention that she was denied effective assistance of counsel. We will not second-guess whether defense counsel's trial strategy "was the best trial strategy, or even a good one, so long as defendant was afforded meaningful representation" ( People v. Satterfield, 66 N.Y.2d 796, 799-800). Additionally, the sentence is neither unduly harsh nor severe.
As the People correctly concede, County Court erred in directing defendant to pay restitution without first conducting a hearing on the amount of restitution to be paid where, as here, the record does not contain sufficient evidence to support the amount ordered ( see, Penal Law § 60.27; People v. Lambert, 221 A.D.2d 1015). Therefore, we modify the judgment by vacating the amount of restitution, and we remit the matter to Oswego County Court for a hearing to determine the amount of restitution to be paid by defendant ( see, People v. Bernier, 197 A.D.2d 882).