Opinion
December 27, 2000.
Appeal from Judgment of Steuben County Court, Bradstreet, J. — Burglary, 2nd Degree.
PRESENT: PINE, J. P., WISNER, HURLBUTT AND KEHOE, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum:
As conceded by the People, County Court erred in ordering restitution without a hearing. We therefore modify the judgment by vacating the amount of restitution, and we remit the matter to Steuben County Court for a hearing to determine the amount of restitution ( see, People v. Dibble [appeal No. 2], 277 A.D.2d 969 [decided Nov. 13, 2000]; People v. Wilson, 275 A.D.2d 1035 [decided Sept. 29, 2000]; see generally, People v. Consalvo, 89 N.Y.2d 140, 144; Penal Law § 60.27; CPL 400.30). The sentence is not unduly harsh or severe, nor was it improperly influenced by the victims' statements at sentencing ( see, CPL 380.50 [b]; cf., CPL 390.30 [b]; see generally, People v. Oyola, 215 A.D.2d 597, 597-598).