Opinion
March 19, 1990
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the judgment is modified, on the law, by vacating the provision thereof which requires the defendant to make restitution in the amount of $1,082.44; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for a new determination of the amount of restitution required under Penal Law § 60.27.
We find, as the People concede, that the County Court improperly delegated to the Nassau County Probation Department the authority to determine the amount and manner of restitution (see, People v Fuller, 57 N.Y.2d 152; People v Bray, 150 A.D.2d 788; People v Bentivegna, 145 A.D.2d 899). The court failed to make any independent judicial finding as to the actual losses sustained by the victims, nor did it consider whether the defendant could afford to make restitution (see, People v Millar, 144 A.D.2d 1032; People v Bowden, 131 A.D.2d 581; People v White, 119 A.D.2d 708). Brown, J.P., Kunzeman, Eiber and Miller, JJ., concur.